Universal Terms of Service
Terms of Service
These Terms of
Service set forth the terms and conditions upon which eWord
Solutions, Inc. ("eWord Solutions") makes available, at no
charge, its proprietary file transmission services ("Services").
Your use of the Services is expressly conditioned on your compliance
with these Terms of Service. By clicking accessing or using the
Services, you are indicating that you agree to be bound by these
Terms of Service.
You acknowledge
and agree that eWord Solutions may revise these Terms of Service from
time to time. By continuing to access or use the Services after eWord
Solutions makes any such revision, you agree to be bound by the
revised Terms of Service.
Description of Services
The Services
provide a user the ability to send a file (a "User File")
to one or more recipients identified by a valid email address. The
Services operate by storing the specified User File on a eWord
Solutions server and then sending to the recipient(s) an email that
contains a link to the User File. The recipient(s) can then access
and download the User File by clicking on the link. You acknowledge
and agree that eWord Solutions may establish general practices and
policies concerning use of the Services, including, without
limitation, the maximum size of the file that a user may store and
send through the Services, the maximum number of days that a file
will be stored by the Services, the maximum number of times a user
may access the Services in a given period of time, and the maximum
number of recipients to which a user may send a file.
Responsibility for Data
You have sole
responsibility for all User Files that you store on eWord Solutions
servers through use of the Services. You acknowledge and agree that
eWord Solutions will not be responsible for any failure of the
Services to store a User File, for the deletion of a User File stored
on the Services, or for the corruption of or loss or any data,
information or content contained in a User File.
Copyright Policy
YOU WILL NOT USE
THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY
MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR
PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY
THIRD PARTY. eWord Solutions has adopted and implemented a policy
that provides for the termination in appropriate circumstances of the
accounts of users who repeatedly infringe or are believed to be
infringing the rights of copyright holders. Please see the eWord
Solutions
Copyright
Policy for further information.
Copyright
Policy
eWord Solutions
respects the intellectual property rights of others and expects its
users to do the same. In accordance with the Digital Millennium
Copyright Act of 1998, the text of which may be found on the U.S.
Copyright Office website at
http://www.copyright.gov/legislation/dmca.pdf,
eWord Solutions will respond expeditiously to claims of copyright
infringement committed using the eWord Solutions service that are
reported to the eWord Solutions Designated Copyright Agent identified
in the sample notice below.
If you are a
copyright owner, authorized to act on behalf of one or authorized to
act under any exclusive right under copyright, please report alleged
copyright infringements taking place on or through the eWord
Solutions services (the "Services") by completing
the following DMCA Notice of Alleged Infringement and
delivering it to the eWord Solutions Designated Copyright Agent. Upon
receipt of Notice as described below, eWord Solutions will take
whatever action, in its sole discretion, it deems appropriate,
including removal of the challenged use from the Services and/or
termination of the eWord Solutions user's account.
DMCA Notice of Alleged Infringement ("Notice")
-
Identify the copyrighted work that you claim has been infringed,
or - if multiple copyrighted works are covered by this Notice - you
may provide a representative list of the copyrighted works that you
claim have been infringed.
-
Identify the material or link you claim is infringing (or the
subject of infringing activity) and that access to which is to be
disabled, including at a minimum, if applicable, the URL of the link
shown on the relevant website where such material may be found.
-
Provide your mailing address, telephone number, and, if
available, email address.
-
Include both of the following statemens in the body of the
Notice:
-
"I hereby state that I have a good faith belief that the
disputed use of the copyrighted material is not authorized by the
copyright owner, its agent, or the law (e.g., as a fair use)."
-
"I hereby state that the information in this Notice is
accurate and, under penalty of perjury, that I am the owner, or
authorized to act on behalf of the owner, of the copyright or of an
exclusive right under the copyright that is allegedly infringed."
-
Provide your full legal name and your electronic or physical
signature.
Deliver this Notice, with all items completed, to
eWord
Solutions’s Designated Copyright Agent:
Copyright Agent
c/o
eWord Solutions, Inc
P.O. Boc 752
La Canada, CA
91012
keith@ewordsolutions.com
Links
The Services may
make available links to third-party websites. You acknowledge and
agree that eWord Solutions is not responsible or liable for: (i)
the
availability or accuracy of such websites; or (ii) the content,
products, or services on or available from such websites. Links to
such websites do not imply any endorsement by eWord Solutions of such
websites or the content, products, or services available from such
websites. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites.
Termination
You may
terminate your account at any time. If you violate any of these Terms
of Service, your permission to use the Services will automatically
terminate. eWord Solutions reserves the right to discontinue
providing or to change the Services at any time and without notice.
Except to the extent that eWord Solutions is required by applicable
law or court order to retain copies of any of your User Files that
are stored on the eWord Solutions servers, upon any termination of
your account, eWord Solutions will delete and erase all User Files
associated with your account.
Disclaimer of Warranties
The services are
provided "as-is", without warranty or condition of any
kind, either express or implied. Without limiting the foregoing,
eWord Solutions explicitly disclaims any warranties f
merchantability, fitness for a particular purpose or
non-infringement. eWord Solutions makes no warranty that the services
will meet your requirements or will be available on an uninterrupted,
secure, or error-free basis. Your use of the services is at your own
risk. You acknowledge and agree that eWord Solutions will not be
responsible for any damages to your computer system or the computer
system of any third party that result from user of the services.
Indemnity
You agree to
defend, indemnify, and hold harmless eWord Solutions, its officers,
directors, employees and agents, from and against any claims,
liabilities, damages, losses, and expenses, including, without
limitation, reasonable legal and accounting fees, arising out of or
in any way connected with your access to or use of the Services, or
your violation of these Terms of Service.
Limitation of Liability
In no event will
eWord Solutions be liable to you or to any third party for any
incidental, special, consequential or punitive damages arising our of
or in connection with these terms of service or from the user or
inability to use the services or any user files sent through, stored
by or downloaded from the services, whether based on warranty,
contract, tort (including negligence) or any other legal theory, and
whether or not eWord Solutions has been informed of the possibility
of such damage, even if a remedy set forth herein is found to have
failed of it's essential purpose.
In no event will
eWord Solutions aggregate liability to you or to any third party for
any and all claims arising out of or in connection with the use of
the services exceed one hundred dollars ($100). The limitations of
damages set forth above are fundamental elements of the basis of the
bargain between eWord Solutions and you.
Some
jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, so the above limitation may
not apply to you.
Severability
In the event
that any provision of these Terms of Service is held to be invalid or
unenforceable, the remaining provisions of these Terms of Service
will remain in full force and affect.
Notice
eWord Solutions
may provide you with notices, including those regarding changes to
the Services by email or by postings on the Services.
Waiver
The failure of
eWord Solutions to enforce any right or provision of these Terms of
Service will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms of
Srvice and any action related thereto will be governed by the laws
of the State of California without regard to its conflict of law
provisions. The exclusive jurisdiction and venue of any action with
respect to the subject matter of these Terms of Service will be the
state and federal courts located in San Francisco County, California,
and eWord Solutions and you waive any objection to jurisdiction and
venue in such courts.
Entire Agreement
These Terms of
Service are the entire and exclusive agreement between eWord
Solutions and you regarding the Services, and these Terms of Service
supersede and replace any prior agreements between eWord Solutions
and you regarding the Services. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain
other eWord Solutions services, affiliate services or third-party
content software or services.
If you have any
questions about these Terms of Service, please contact eWord
Solutions at legal@ewordsolutions.com
Privacy Policy
eWord Solutions
respects the privacy of others. These Terms of Service incorporate
the terms of eWord Solutions
Privacy
Policy.
Privacy
Policy
We provide
this Privacy Policy to inform you of our policies and procedures
regarding the collection, use and disclosure of personal information
we receive from users of
www.ewordsolutions.com
(this “Site”). This Privacy Policy applies
only to information that you provide to us through this Site.
If you have
questions or concerns regarding this Privacy Policy, you should
contact eWord Solutions at
support@ewordsolutions.com
or at the following address: Privacy Concerns c/o eWord Solutions,
Inc., P. O. Box 752 La Canada, CA 91012
This Privacy
Policy may be updated from time to time. If we decide to change our
Privacy Policy, we will post those changes to this Privacy Policy,
the home page of the Site and other places we deem appropriate so
that you are aware of what information we collect, how we use it, and
under what circumstances, if any, we disclose it. You are advised to
consult this policy regularly for any changes. We reserve the right
to modify this Privacy Policy at any time, so please review it
frequently. If we make material changes to this Privacy Policy, we
will notify you here, by email, or by means of a notice on the home
page of the Site. Unless otherwise defined in this Privacy Policy
terms used in this Privacy Policy have the same meanings as in our
eWord Solutions Terms of Services.
As used in this
policy, the terms “using” and “processing”
information include using cookies on a computer, subjecting the
information to statistical or other analysis and using or handling
information in any way, including, but not limited to collecting,
storing, evaluating, modifying, deleting, using, combining,
disclosing and transferring information within our organization or
among our affiliates within the United States or internationally.
Information
Collection and Use
Our primary goals in collecting
information are to provide and improve our Site, services, features
and content, to administer your subscription (together, the
“Service”) and to enable users to enjoy and
easily navigate the Site.
Personally Identifiable
Information.
-
When you register with us through the Site or order certain services
from us we will ask you for personally identifiable information.
This refers to information about you that can be used to contact or
identify you (“Personal Information”). Personal
Information includes, but is not limited to, your name, phone
number, credit card or other billing information, email address and
home and business postal addresses. We use your Personal Information
mainly to provide the Service and administer your inquiries.
We also collect
the other information that you provide as part of registration and
the administration and personalization of your profile webpage
(e.g., without limitation, zip code (on its own) (“Non-Identifying
Information”).
-
We use your
Personal Information (in some cases, in conjunction with your
Non-Identifying Information) mainly to provide the Service, complete
your transactions, and administer your inquiries.
-
We may combine
your Personal Information with Non-Identifying Information and
aggregate it with information collected from other eWord Solutions
Users (defined below) to attempt to provide you with a better
experience, to improve the quality and value of the Service and to
analyze and understand how our Site and rvice are used. Subject to
the section below titled “Information Sharing and Disclosure,”
we may also use the combined information without aggregating it to
serve you specifically, for instance to deliver a product to you
according to your preferences or restrictions.
We also use
your Personal Information to contact you with eWord Solutions
newsletters, marketing or promotional materials and other
information that may be of interest to you. If you decide at any
time that you no longer wish to receive such communications from us,
please follow the unsubscribe instructions provided in any of the
communications or email us at
support@ewordsolutions.com
with an explicit request to have your information removed from our
mailing list. We will endeavor to comply with your request as soon
as reasonably practicable. Please note that if you opt-out as
described above, we will not be able to remove your Personal
Information from our databases.
Log Data.
When you visit the Site, whether as a eWord Solutions subscriber
or a non-registered user just browsing (any of these, a “eWord
Solutions User”), our servers automatically record information
that your browser sends whenever you visit a website (“Log
Data”). This Log Data may include information such as your
computer’s Internet Protocol (“IP”) address,
browser type or the web page you were visiting before you came to our
Site, pages of our Site that you visit, the time spent on those
pages, information you search for on our Site, access times and
dates, and other statistics. We use this information to monitor and
analyze use of the Site and the Service and for the Site’s
technical administration, to increase our Site’s functionality
and user-friendliness, and to better tailor it to our visitors’
needs. We also use this information to verify that visitors to the
Site meet the criteria required to process their requests.
Cookies
Like many websites, we use “cookies” to collect
information. A cookie is a small data file that we transfer to your
computer’s hard disk for record-keeping purposes. We use
cookies for two purposes. First, we utilize persistent cookies to
save your registration ID and login password for future logins to the
Site. Second, we utilize session ID cookies to enable certain
features of the Site, to better understand how you interact with the
Site and to monitor aggregate usage by eWord Solutions Users and web
traffic routing on the Site. We do link the information we store in
cookies to the Personal Information you submit to us while you are on
the Site. Unlike persistent cookies, session cookies are deleted from
your computer when you log off from the Site and Service and then
close your browser. Third party advertisers on the Site may also
place or read cookies on your browser. You can instruct your browser,
by changing its options, to stop accepting cookies or to prompt you
before accepting a cookie from the websites you visit. If you do not
accept cookies, however, you may not be able to use all portis of
the Site or all functionality of the Service.
Emailing
Via a eWord Solutions Account
As part of the Service, eWord
Solutions subscribers may send a file to one or more recipients
identified by a valid email address. The message created by a eWord
Solutions subscriber will be sent from eWord Solutions on the eWord
Solutions subscriber’s behalf to the email addresses the eWord
Solutions subscriber enters into the online form. These email
addresses will be stored in the address book the eWord Solutions
subscriber creates and will be used only for the purpose of sending
the email communication to the addressee. The recipient of a file may
contact us at
support@ewordsolutions.com
to request that we remove this information from our database.
Tell-A-Friend
If you choose to use our referral service to tell a friend about
our Site, we will ask you for your friend’s name and email
address. We will automatically send your friend a one-time email
inviting him or her to visit the site. eWord Solutions stores this
information for the sole purpose of sending this one-time email and
tracking the success of our referral program.
Your friend may
contact us at
support@ewordsolutions.com
to request that we remove this information from our database.
Phishing
Identity theft and the practice currently
known as “phishing” are of great concern to eWord
Solutions. Safeguarding information to help protect you from identity
theft is a top priority. We do not and will not, at any time, request
your credit card information, your account ID, login password, or
national identification numbers in a non-secure or unsolicited e-mail
or telephone communication. For more information about phishing,
visit the Federal Trade Commission’s website.
Information Sharing and Disclosure
Other than as
described in this section, eWord Solutions does not rent or share
information about you with third parties.
Posting
File Comments. eWord Solutions message recipients have the
ability to post comments on the file download landing page. Any
information you choose to provide in a comment should reflect how
much you want other users to know about you. We recommend that you
guard your anonymity and sensitive information and we encourage eWord
Solutions subscribers to think carefully about what information about
emselves they disclose in their comments. We are not responsible
for any Personal Information you choose to submit in a comment.
Aggregate Information and Non-Identifying Information.
We may share aggregated information that does not include Personal
Information and we may otherwise disclose Non-Identifying Information
and Log Data with third parties for industry analysis, demographic
profiling and other purposes. Any aggregated information shared in
these contexts will not contain your Personal Information.
Service
Providers. We may employ third party companies and
individuals to facilitate our Service, to provide the Service on our
behalf and to perform Site-related services (“Service
Providers”). The types of Service Providers we use
include, without limitation, service providers that provide the
following types of services: credit card transaction administration,
accounting, customer relationship management, webcasting, website
maintenance, database management, web analytics and web and live chat
hosting. Our Service Providers have access to your Personal
Information only to perform these tasks on our behalf and are
obligated not to disclose or use it for any other purpose.
Compliance
with Laws and Law Enforcement. eWord Solutions cooperates
with government and law enforcement officials and private parties to
enforce and comply with the law. We will disclose any information
about you to government or law enforcement officials or private
parties as we, in our sole discretion, believe necessary or
appropriate to respond to claims and legal process (including but not
limited to subpoenas), to protect the property and rights of eWord
Solutions or a third party, to protect the safety of the public or
any person, or to prevent or stop activity we may consider to be, or
to pose a risk of being, any illegal, unethical or legally actionable
activity.
Business
Transfers. eWord Solutions may sell, transfer or otherwise
share some or all of its assets, including your Personal Information,
in connection with a merger, acquisition, reorganization or sale of
assets or in the event of bankruptcy.
Changing or
Deleting Your Information
All eWord Solutions subscribers
may review, update, correct or delete the Personal Information in
their registration profile by logging into their account and changing
the “user preferences” associated with their account. If
you completely delete all such information, then your account may
become deactivated.
Security
eWord Solutions
is very concerned with safeguarding your information. We employ
generally accepted industry andard administrative, physical and
electronic measures designed to protect the Personal Information
submitted to us, both during transmission and once we receive it from
unauthorized access. No method of transmission over the Internet, or
method of electronic storage is 100% secure, however. Therefore,
while we strive to use commercially acceptable means to protect your
Personal Information, we cannot guarantee its absolute security.
We
will make any legally required disclosures of any breach of the
security, confidentiality, or integrity of your unencrypted
electronically stored “personal data” (as defined in
applicable state statutes on security breach notification) to you via
email or conspicuous posting on this Site in the most expedient time
possible and without unreasonable delay, insofar as consistent with
(i) the legitimate needs of law enforcement or (ii) any measures
necessary to determine the scope of the breach and restore the
reasonable integrity of the data system.
International
Transfer
Your information may be transferred to — and
maintained on — computers located outside of your state,
province, country or other governmental jurisdiction where the
privacy laws may not be as protective as those in your jurisdiction.
If you are located outside the United States and choose to provide
information to us, eWord Solutions transfers Personal Information to
the United States and processes it there. Your consent to this
Privacy Policy followed by your submission of such information
represents your agreement to that transfer.
Links to
Other Sites
Our Site contains links to other
websites. If you choose to visit an advertiser by “clicking on”
a banner ad or other type of advertisement, or click on another third
party link, you will be directed to that third party’s website.
The fact that we link to a website or present a banner ad or other
type of advertisement is not an endorsement, authorization or
representation of our affiliation with that third party, nor is it an
endorsement of their privacy or information security policies or
practices. We do not exercise control over third party websites.
These other websites may place their own cookies or other files on
your computer, collect data or solicit personal information from you.
Other sites follow different rules regarding the use or disclosure of
the personal information you submit to them. We encourage you to read
the privacy policies or statements of the other websites you visit.
Our Policy Toward Children
This Site is
not directed to children under 18. We do not knowingly collect
personally identifiable information from children under 13. If a
parent or guardian becomes aware that his or her child has provided
us with Personal Information without their consent, he or she should
contact us at
Privacy@ewordsolutions.com
. If we become aware that a child under 13 has provided us with
Personal Information, we will delete such informatiofrom our files.
Testimonials
We post eWord Solutions subscriber
testimonials on our Site which may contain Personal Information such
as the eWord Solutions subscriber’s name. We do obtain the
eWord Solutions subscriber’s consent to the posting of his or
her name along with the testimonial prior to posting the testimonial.
Contacting Us
If you have any questions about this Privacy Policy,
please contact us at privacy@ewordsolutions.com or at:
Privacy
Concerns c/o eWord Solutionst, Inc., P.O.Box 752 La Canada, CA 91012
<
Back
