Terms and Conditions of Use

These terms and conditions of use (“Terms of Use”) govern your utilization of our website and associated services (collectively referred to as the “Site” or the “Services”) owned and managed by 201Clicks, LLC doing business as 201clicks.com. Your adherence to these Terms of Use is a prerequisite for accessing and using the Site. If you do not consent to abide by the Terms of Use, kindly exit this Site. Additionally, please review our Privacy Policy for insights into our privacy practices and policies.

201clicks.com offers Services to third-party website owners (“Third Party Sites”) aimed at identifying email addresses and other contact details of anonymous visitors to the Third Party Sites. These Terms of Use govern general visitors to our Site, as well as Third Party Site owners (“Site Owners”) who purchase or use our Services. The term “You” pertains to both general visitors to our Site and Site Owners.

Ownership of the Site

All pages within this Site (including the Services) and any materials available for download are the property of 201clicks.com, its licensors, or suppliers, as applicable. The Site is safeguarded by United States and international copyright and trademark laws. The contents of the Site, including all data, files, documents, text, images, audio, video, and any materials accessible or downloadable through this Site (“Content”), may not be copied, distributed, modified, reproduced, published, or utilized, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by 201clicks.com. You may not frame or employ framing methods to encapsulate or deep link to any name, trademarks, service marks, logos, Content, or other proprietary information of 201clicks.com without our explicit written consent.

Permitted Uses

Each Site Owner may utilize the 201clicks.com Services to acquire email addresses of unidentified visitors to the Owners’ sites. Site Owners must use the Services in compliance with all applicable laws and Data & Marketing Association (DMA) guidelines. The Services must not be used or allowed to be used (i) in violation of any applicable laws, statutes, rules, or regulations, including, but not limited to, privacy laws, "do not call" lists, "do not mail" lists, and similar do not solicit regulations at federal, state, county, and local levels; (ii) for the dissemination of worms or viruses; or (iii) to infringe upon the rights of others, including but not limited to privacy rights. 201clicks.com retains the right to suspend the Services (or a portion thereof) without notice if the Site Owner’s use of the Services breaches this section and to terminate this Agreement for repeated violations.

Site Owners may embed code (referred to as a “Pixel Tag”) on their Third Party Sites. This code is used to gather relevant information about the site's visitors (referred to as “Visitors”) to assist Site Owners in reaching their customers and intended audiences. 201clicks.com hereby grants Site Owners a nontransferable, non-exclusive license to use the data obtained from the 201clicks.com Services (“Licensed Data”). Site Owners shall solely employ the Licensed Data for marketing and management purposes and shall not transfer possession, right, or title of such data to any third parties for any other purpose.

Site Owners must maintain a privacy policy on their Sites that informs Visitors of the use of Pixel Tags, the data collected through the Pixel Tag, and the intended use of the collected data. Additionally, in jurisdictions mandating informed consent for the storage and access of cookies or similar data on an end user’s device (e.g., European Union), Site Owners must ensure that end users provide necessary consent before deploying Pixel Tags to store and access cookies or other data on the end user’s device. Site Owners must offer Visitors a link to their privacy policy and the option to “opt out” or disable Pixel Tags. Pixel Tags may only be deployed on Sites owned by the Site Owner and are prohibited on websites primarily engaged in pornography, gambling, or tobacco product sales.

Site Owners confirm and warrant that they have implemented the following in connection with this Agreement:

Notice and Choice: Site Owners must secure any required permissions to use Pixel Tags, maintain a comprehensive and prominently displayed privacy policy consistent with Pixel Tag usage, comply with applicable laws, and explicitly disclose, at minimum, (a) the use of Pixel Tags by the Site Owner, including details regarding the collection, use, and disclosure of both non-personally identifiable and personally identifiable information, data from cookies, and similar practices; (b) the utilization of Pixel Tags and cookie data to obtain the email address and potentially other demographic and personal information about the Visitor, along with the Visitor’s option to opt out of data collection by the Pixel Tags.
Mandatory Site Owner Privacy Policy Language: Site Owners must incorporate the following (or equally protective) language into their privacy policy on all websites employing Pixel Tags:

"Third Party Pixels and Cookies: When you visit our website, log in, register, or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting 201 Clicks opt out."

Prohibited Uses

201clicks.com or any related Services may not be employed for sending Emails that violate the laws of the United States of America, including the following:

201clicks.com or any related Services may not be used to send commercial email messages, as defined by 15 U.S. Code § 7702, which would reasonably be prohibited by 15 U.S. Code § 7704 (Elements of the “CAN SPAM” Act). This includes Emails sent to individuals who have previously opted out of receiving such Emails, even if they were eligible in the past.
201clicks.com or any related Services may not be used to send Emails to individuals reasonably believed to be under the age of eighteen (18) years.
201clicks.com or any related Services may not be used to send Emails containing pornography, erotica, or similar adult-oriented materials.

Requirements of Use

If you send Email to contacts acquired via 201clicks.com, such Email must include information about and a link to an unsubscribe option allowing recipients to indicate that they no longer wish to receive such Emails (“Opt Out Request”). You must have a dependable process in place to promptly handle and implement Opt Out Requests.

You must adhere to all applicable laws and regulations, including the CAN-SPAM Act (15 U.S.C. § 7701 et seq), COPPA (15 U.S.C. § 6501 et seq), and all other relevant Federal and State laws.

Personal Information

You are accountable for all personal information (information about an individual) that you utilize to create or transmit the Emails, including any information you provide to us for their creation and/or transmission. By using the Services, you confirm and guarantee that your collection, 201clicks, and use of such personal information comply with all applicable laws and regulations.

We will not retain any personal information after the Emails have been transmitted, except as required by law to document our own compliance with the Terms of Use and/or any applicable laws and regulations. If you provide personal information to us in violation of any agreement or applicable law or regulation, you agree to indemnify and hold us harmless from any claims related to such personal information, including the costs of responding to such claims and/or any fines or sanctions.

Emails, Content, Reviews, Feedback, and other Postings to the Site

If you submit, upload, post, or send any Emails, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Content”), you must not provide any User Content that:

Is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior.
Violates or infringes upon the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity.
Contains or transmits a virus or any other harmful component.

You also agree not to contact other Site users through unsolicited email, telephone calls, mailings, or any other method of communication. You represent and warrant to 201clicks.com that you have the legal right and authorization to provide all User Content to 201clicks.com for the purposes and use as set forth herein. 201clicks.com shall have a royalty-free, irrevocable, transferable right and license to use the User Content in any manner 201clicks.com desires, including copying, modifying, deleting, adapting, publishing, translating, creating derivative works, selling, distributing, or incorporating such User Content into any form, medium, or technology worldwide. 201clicks.com is not obligated to maintain any User Content in confidence, pay you any compensation for User Content, or respond to User Content.

201clicks.com does not regularly review posted User Content but reserves the right (but not the obligation) to monitor, edit, or remove any User Content submitted to the Site. You grant 201clicks.com the right to use the name you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You are solely responsible for the content of any User Content you make. 201clicks.com and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party. You agree to defend, indemnify, and hold 201clicks.com harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by 201clicks.com arising out of any User Content you post or allow to be posted to the Site.

Electronic Communications

You consent to receiving all communications, documents, notices, and disclosures (collectively, “Communications”) electronically from 201clicks.com, whether through email, postings on 201clicks.com, or other means, in connection with the Site and Services. It is your responsibility to ensure that your primary email address is kept up to date for electronic communication with 201clicks.com. You also agree that agreements between you and 201clicks.com can be formed and signed electronically in accordance with applicable laws.

Site Access, Security and Restrictions; Passwords

You are prohibited from attempting to violate the security of the Site, which includes but is not limited to:

Accessing data not intended for your use or logging into a server or account for which you are not authorized.
Attempting to probe, scan, or test the vulnerability of a system or network or breaching security or authentication measures without proper authorization.
Accessing or using the Site, or any part thereof, without proper authorization, in violation of these Terms of Use or applicable laws.

You are not allowed to use any scraper, crawler, spider, robot, or other automated means to access or copy data on the Site, deep-link to any Site feature or content, or bypass measures used to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. 201clicks.com will investigate such violations and may cooperate with law enforcement authorities in prosecuting users involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of this Site or any activity conducted on it.

If access to the Site or specific portions thereof requires a user ID and password (“Protected Areas”), you agree to access these areas using only the user ID and password provided to you by 201clicks.com. You must maintain the confidentiality of your user ID and password and not share or disclose them to any third party. You are fully responsible for all activity under your user ID. 201clicks.com reserves the right to revoke your access to the Site at any time with or without cause. You also agree to defend, indemnify, and hold 201clicks.com harmless from any third-party claims, damages, and expenses (including reasonable attorney fees) arising from your breach of these Terms of Use, violation of applicable laws, your use or access of the Site, or any access by others using your user ID and password.

Accuracy and Integrity of Information

While 201clicks.com strives to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees regarding the correctness or accuracy of the Site and its Content. The Site may contain typographical errors, inaccuracies, or other errors, and unauthorized additions, deletions, or alterations may be made to the Site by third parties. In case of inaccuracies, please notify 201clicks.com for correction. 201clicks.com reserves the right to unilaterally correct inaccuracies on the Site without notice. Information on the Site may be changed or updated without prior notice. Additionally, 201clicks.com bears no responsibility or liability for information or Content posted to the Site by non-201clicks.com affiliated third parties.

Links to Other Sites

201clicks.com does not make any representations about Third Party Sites or any websites you may access through this Site. When accessing a non-201clicks.com website, please be aware that it operates independently from 201clicks.com, and 201clicks.com has no control over its content. Furthermore, a link to a non-201clicks.com website does not imply 201clicks.com's endorsement or acceptance of responsibility for the content or use of that linked website. You are responsible for taking precautions to ensure that your selection for use or download is free from items such as viruses, worms, Trojan horses, and other destructive elements. If you choose to access any third-party websites linked to this Site, you do so entirely at your own risk.

Disclaimer of Warranties

201clicks.COM MAKES NO WARRANTY THAT ACCESS TO OR USE OF THE SITE (INCLUDING THE SERVICES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. 201clicks.COM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE (INCLUDING THE SERVICES).

YOU BEAR TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. 201clicks.COM DOES NOT GUARANTEE THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES ADEQUATE FOR YOUR DATA BACKUP AND SECURITY NEEDS.

Limitation of Liability Regarding Use of Site

201clicks.COM, ALONG WITH ITS SUPPLIERS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE. THIS APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THEM. TO THE EXTENT THAT ANY ASPECTS OF THESE LIMITATIONS OF LIABILITY ARE UNENFORCEABLE, 201clicks.COM'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR USING THIS SITE IS LIMITED TO $500 (FIVE HUNDRED DOLLARS).

Dispute Resolution

In the event of any dispute or claim related to the Site or these Terms of Use, you agree to resolve such dispute in the state or federal courts located in Austin, Texas, in accordance with Texas law.

Revisions; General

201clicks.com reserves the right, at its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In case any provisions of these Terms of Use are deemed unenforceable by a court or other competent tribunal, such provisions shall be limited or removed to the minimum extent required, allowing the remainder of these Terms of Use to remain in full force and effect. These Terms of Use constitute the entire agreement between 201clicks.com and you concerning their subject matter. 201clicks.com may, at its sole discretion, periodically revise these Terms of Use by updating this post. Therefore, you should regularly check this page to review the current Terms of Use and be aware of any revisions to which you are bound. Your continued use of the Site after such revisions shall constitute your agreement to the updated Terms of Use. Certain provisions within these Terms of Use may be superseded by expressly designated legal notices or terms found on specific pages within this Site.

Fees, Refunds, Account Suspensions, Cancellations, Payments

You agree to the following:

201clicks.com reserves the right to change fees at any time by posting the updated fee structure on our Website and/or sending you a notification via email.
If a user violates any terms of this Agreement, 201clicks.com reserves the right to cancel accounts or restrict access without a refund.
If your credit card cannot be processed, we will attempt to contact you via mail and suspend account usage until payment is processed.
For prepaid, pay-as-you-go accounts, credits roll over and don’t expire. However, if you don’t log in to your account at least once in a 12-month period, your account (and all contents) may be permanently deleted.
No refunds are provided for accounts suspended or terminated for compliance reasons.
Account cancellation requests must be submitted in writing to support[at]201clicks.com, and refunds are at our sole discretion.
Monthly plans include overage fees, billed periodically once you exceed a specific dollar amount in overages, not to exceed one overage charge per day.
To stop monthly payments, an account MUST be canceled via the 201clicks.com interface.
Refunds are provided at our sole discretion. Refund requests are reviewed on a case-by-case basis within 30 days.
Refunds are not issued for non-use; if you pay for 201clicks.com but do not use it, you are not guaranteed a refund.
If you qualify for a refund, the maximum amount for unused time, at our discretion, is three months.
Any affiliate or agency earning a payout must have an active account with a valid credit card and bank account information. Payouts are made 60 days after referral payments. If an account is not set up to receive payouts, we will back pay up to a maximum of three months of referral revenues.
Any affiliate or agency earning a payout must have a U.S.-based Stripe account connected to receive payouts in USD.

Data

201clicks.com identifies and delivers contact records for website visitors using a code snippet.

Data accuracy is not guaranteed to be 100%, and a bounce rate of up to 2% may occur due to data refreshes over time. Some data may contain errors.
We may, at our discretion, consider account credit for bounce rates exceeding 2%. In such cases, you must provide evidence of sent email addresses, overall bounce rate, and bounce codes from the server.
Suppression lists and CSV files are converted into encoded MD5s for security purposes. This data is not used, shared, or sold for any purpose other than preventing the collection of duplicate contacts or open events.