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")

1. 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.

2. 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.

3. Provide your mailing address, telephone number, and, if available, email address.

4. 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."

5. 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.
450 N. Brand Blvd.
6th Floor
Glendale, CA 91203 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.
450 N. Brand Blvd.
6th Floor
Glendale, CA 91203

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.
450 N. Brand Blvd.
6th Floor
Glendale, CA 91203