Terms of Service Agreement
Upon the order, the following Terms of Service have been concluded between eWORDofMOUTH Inc., the sole provider of the eWORDofMOUTH service ("the Service"), and the Customer.
1. The Service
eWORDofMOUTH Inc. provides an Internet service that brings ability to promote, among other things: a company, website, product or service with a complete, automated customer rewards and email referral system which includes, in particular, the following:
(a) email delivery mechanisms
(c) advanced automated customer referral and rewards features
2. The Customer
The eWORDofMOUTH service is provided to registered users, hereinafter referred to as "the Customer".
On registration to the Service, the Customer agrees to:
(a) fill out the registration form with current, complete, and accurate data about the Customer, as they are prompted to do
(b) agree to a service term and payment schedule ("Service Agreement")
(c) maintain and promptly update this data as current, complete and accurate by sending an email to firstname.lastname@example.org
(d) agree to the Terms of Service stated herein as well as the eWORDofMOUTH Inc. Anti-Spam Policy
(e) agree to transmit thru the Service only such materials that they have full rights to use and publish on the Internet.
The Customer agrees to receive system upgrade bulletins and commercial information about products and services of eWORDofMOUTH Inc..
The Customer understands and agrees that eWORDofMOUTH Inc. may present advertisements within the eWORDofMOUTH Inc. website.
The Customer realizes that they are solely responsible for the content of the materials which are sent or broadcasted by means of the Service, and accepts that the Service is provided on an "as is" basis, without guarantees of any kind. The Customer expressly agrees that the use of the Service is at their sole risk.
3. The eWORDofMOUTH Service
Customer can run up to four referral promotions simultaneously, enter any number of emails into the eWORDofMOUTH system, and send up to four broadcast emails to their mailing list monthly according to the fee schedule agreed upon at time of registration.
4. Customer Obligations
The Customer is responsible for attending online campaign planning meetings, collecting emails, and providing basic text and graphical content to their Customer Support Representative.
The Customer ensures with no limits a due application of the eWORDofMOUTH Inc. Anti-Spam Policy and appropriate law provisions regarding the processing of email addresses and other personal data of the prospects. Without any limitations, the Customer is particularly obliged not to send unsolicited messages ("spam") or undertake any unlawful practices.
The Customer is obliged to provide accurate and true registrant contact details, and maintain such details up to date.
If the Customer provides any information that is untrue, inaccurate, outdated or incomplete, or if eWORDofMOUTH Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, eWORDofMOUTH Inc. has the right to suspend or terminate the account and refuse any and all current or future use of the Service.
The Customer may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the ewordofmouth.com website and/or the Service.
The Customer may not take any action that imposes unreasonable or disproportionately large load on the website network or other eWORDofMOUTH Inc. service infrastructure.
eWORDofMOUTH Inc. reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its sole discretion. eWORDofMOUTH Inc. reserves the right to refuse any and all current or future use of the Service to the Customer, who intentionally or maliciously evades the obligations stated in these Terms of Service, eWORDofMOUTH Inc. Anti-Spam Policy or arising from custom and other best practices of conduct on the Internet.
If eWORDofMOUTH Inc. finds the Customer to be spamming or using the Service for any abusive or illegal practices, a warning will be issued. If eWORDofMOUTH Inc. has any reason to believe that the Customer, despite the explicit warning, appears to perform or is performing such practices, then eWORDofMOUTH Inc. may take appropriate actions immediately, including disabling customer's account and terminating the Service, and/or reporting the Customer and the incident to proper authorities.
Customer agrees that eWORDofMOUTH Inc. has the right to describe its services to Customer and results achieved to prospective customers, and to reproduce the Customer’s name, logo, and results achieved in eWORDofMOUTH Inc.’s website, online demonstrations, advertisements, press releases, and marketing materials.
5. Abusive and Illegal Practices
The Customer is not allowed to associate any content provided through the Service with pornography, adult rated material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material, which may be insulting to another person or company.
Furthermore, it is strictly forbidden to use the Service to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated hereunder.
Without limiting the general prohibitions against all illegal practices, the following are expressly prohibited:
(a) use the Service to harm, or attempt to harm, minors in any way
(b) use the Service to transmit any material that threatens or encourages bodily harm or destruction of property
(c) use the Service to transmit any material that consists of pornography, adult rated material, or child pornography
(d) use the Service to make fraudulent offers to sell or buy products, items or services, or to perform any type of a financial scam, such as "pyramid schemes"
The Customer is obliged to pay setup fee for the Service, according to the chosen payment scheme. The payment includes activation of the eWORDofMOUTH service, phone and email Customer Support, as well as access to special features.
A subscription plan is valid for a certain period of time as specified in Customer's Service Agreement in which eWORDofMOUTH Inc. provides the service to the Customer. The Customer agrees to pay all one time and recurring fees for the subscription using one of the following credit cards: VISA, American Express, MasterCard, or Discover, direct bank debit or by invoice. If Customer terminates their Service Agreement by a written order, a refusal to participate in the email collection or campaign development process, word of mouth, breach of contract, or non-payment, Customer shall be responsible for 100% of the full amount of remaining fees on their Service Agreement.
All credit card information stored on eWORDofMOUTH Inc.'s web servers is fully password protected and encrypted using the latest encryption technology.
Where appropriate, tax on goods and services (VAT) shall be added to the payment price, in accordance with the currently effective rates.
The recurring payments of the applicable amount for a subscription will be prorated and issued on the first of every month ("recurring date"). If the recurring charge is unsuccessful at that point, eWORDofMOUTH Inc. will retry to complete the payment in the following days.
Upon payment, eWORDofMOUTH Inc. sends an email to the Customer, containing a payment confirmation receipt and an invoice.
eWORDofMOUTH Inc. reserves at sole discretion the right to change the fees for the Service subscription.
All services rendered by eWORDofMOUTH Inc. are non-refundable. This includes setup fees and monthly service fees. Customers seeking to resolve billing errors are instructed to email customer support at: email@example.com. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $295 and will be subject to collection by an authorized collection agency.
7. Technical Requirements
eWORDofMOUTH Inc. assures that the Service will operate properly on the following browsers: Internet Explorer, Safari, and Firefox.
The Customer realizes that the Service is provided on the "as is" basis.
8. Customer Support Service
eWORDofMOUTH Inc. provides customer email and phone support.
The Customer may address all questions, doubts, and report errors via email to our Customer Support department at: firstname.lastname@example.org The Customer should provide at least the account name and their name. eWORDofMOUTH Inc. does not investigate or take any action based on "anonymous" support requests.
eWORDofMOUTH Inc. assures that an email response shall take place within up to two business days after receiving a request from the Customer.
10. Anti-Spam Policy
eWORDofMOUTH Inc. constitutes the eWORDofMOUTH Inc. Anti-Spam Policy as an inherent part of these Terms of Service.
eWORDofMOUTH adheres to a zero tolerance spam policy. We strive to maintain the integrity of all communication sent with our service
to preserve every brand. Our customer support service monitors large import email databases and emails being sent to a large number of
pre-existing customers who have given consent for contact or been a client of a company.
By using our service, our clients agree that all contacts have been made from a prior existing relationship with them
via informed consent online or in person. We will never knowingly communicate to purchased or harvested lists and will terminate any account we deem
to violate this policy.
Every eWORDofMOUTH email contains a mandatory unsubscribe or opt-out link which remains intact in all communications
We will not allow our service to be used in any capacity for spam, any clients in violation of our strict policy will be immediately terminated.
Please notify us if you are aware of any company in violation at email@example.com
The Customer or any third party working on behalf of the Customer shall not use the Service and/or the name of the service provider, or any of the trademarks of the service provider, to spam.
11. Complaint Procedure
The Customer accepts unconditionally that the Service is distributed on the "as is" basis without warranties of any kind, either expressed or implied.
The Customer is requested to submit their complaints to the Customer Support Department at: firstname.lastname@example.org
Upon a complaint, the Customer should provide at least the account name and their name. eWORDofMOUTH Inc. does not investigate or take any action based on "anonymous" complaints.
The Customer Support Department will investigate the problem as soon as possible and advise the Customer how the issue will be processed.
The Customer has the right to be advised about the status of processing their issue.
If the problem with the Service occurred, eWORDofMOUTH Inc. assures to undertake all measures to solve it as soon as feasible.
12. Copyrights. Trademarks, and Confidential Information
All content included on the ewordofmouth.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of eWORDofMOUTH Inc. and protected by U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent from the authors.
Copyrights of eWORDofMOUTH Inc. may not be used in conjunction with other companies' products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits eWORDofMOUTH Inc., its products and services.
Confidential Information shall mean any information of whatever nature, which has been or may be obtained by the Customer from eWORDofMOUTH Inc., relating to eWORDofMOUTH Inc.'s information and whether in writing or in electronic form or pursuant to discussions between eWORDofMOUTH Inc., or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas;
Customer and its franchisor, affiliates, control persons, directors, officers, advisors, consultants, employees, and agents shall not directly or indirectly acquire any interest in, or design, create, manufacture, sell or otherwise deal with any item or product, containing, based upon or derived from the Confidential Information, except as may be expressly agreed to in writing by eWORDofMOUTH Inc..
The Customer recognizes that they are the controller of all personal data which is provided by them to eWORDofMOUTH Inc.. eWORDofMOUTH Inc. is the data processor of such data. eWORDofMOUTH Inc. is responsible for ensuring sufficient security measures for processing personal data given to eWORDofMOUTH Inc. by the Customer.
eWORDofMOUTH Inc. will keep the personal data given to it by the Customer for as long as it is required in order to perform its obligations under this Agreement.
The Customer may refer their clients to the privacy statement of eWORDofMOUTH Inc.. eWORDofMOUTH Inc. accepts no responsibility for the privacy policies of the Customer and for the processing of personal customer data by the Customer.
Unless it is required by law, eWORDofMOUTH Inc. will not provide any personal Customer data to third parties other than its employees, affiliates or contractors, to the extent that is required in order to perform the Service for the Customer.
14. Termination of Service
eWORDofMOUTH Inc. reserves at sole discretion the right to terminate the service in the event of not receiving a due payment or a recurring payment.
eWORDofMOUTH Inc. reserves at sole discretion the right to instantly terminate the Service in the event (i) the Customer is found to be using eWORDofMOUTH Inc. services for spam activities and other abusive or illegal practices as mentioned in section 12. eWORDofMOUTH Inc. reserves at sole discretion the right to terminate the Service in the event of receiving an independent verification that the Customer provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.
In the aforementioned situations, the Service will be terminated with an immediate effect. Any payments made by the Customer will not be refunded. The Customer shall not be eligible for reimbursement of any monies paid or any part of such monies.
15. Disclaimer of Warranties, Limitation of Liabilities
eWORDofMOUTH Inc. guarantees an average Service up-time of 99% per month, on the condition of full availability of the services of its Internet and telecom providers.
eWORDofMOUTH Inc. does not guarantee any minimum response times or email deliverability in connection with the performance of the Service.
eWORDofMOUTH Inc. uses Rackspace, US Inc. ("Rackspace") to host ewordofmouth.com. Rackspace's servers are located in a secure environment, protected by an alarm installation, which is monitored 7 days a week, 24 hours per day.
All relevant files on Rackspace's servers, including those containing personal Customer data and information stored and processed on Rackspace servers through the Service, are backed up and stored in a fire and theft protected location, which is separate from the location of Rackspace's servers. The Customer is responsible for maintaining current and complete backups of all Customer-owned files, data, and other information stored on Rackspace's servers. eWORDofMOUTH Inc. will not be responsible for the loss of any Customer-owned files, data, or other information for any reason whatsoever.
eWORDofMOUTH Inc. DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. eWORDofMOUTH Inc. DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON THE "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
eWORDofMOUTH Inc. is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond eWORDofMOUTH Inc.'s reasonable control. eWORDofMOUTH Inc. is not responsible for short, temporary and accidental suspension of the Service, as the result of the circumstances which eWORDofMOUTH Inc. could not foresee or suspect.
The Customer recognizes that eWORDofMOUTH Inc. does not own or control other networks, information and systems outside of its own network, nor is eWORDofMOUTH Inc. responsible for performance or non-performance within such networks. eWORDofMOUTH Inc. exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.
The use of the Service is at Customer's sole risk. eWORDofMOUTH Inc. is in no way responsible for the conduct of its Customers and/or the content of messages sent through the system. eWORDofMOUTH Inc. is not responsible for any indirect, incidental, special, punitive or consequential damages that result from Customer's or their users' use of the Service, including, without limitation, any such damage or a loss, resulting from Service interruptions, delays, non-deliveries and/or misdeliveries.
eWORDofMOUTH Inc. shall have no liability for any damages inflicted by the Customer or any third party, as the result of the use or misuse of the Service.
16. Final Provisions
The illegality or unenforceability of any provision of this Terms of Service shall not affect the validity and enforceability of any legal and enforceable provisions hereof.
It is also understood and agreed by the parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such an invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such modification is not possible, these Terms of Service will be construed as if such invalid or unenforceable provision had never been contained in these Terms of Service.
eWORDofMOUTH Inc. reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the ewordofmouth.com website, including these Terms of Service, at any time, without prior notice. The Customer agrees that their continued use of the Service after such update will constitute their acceptance of and agreement to be bound by the updated Terms of Service. The most current version of the Terms of Service is available at any time at: http://www.ewordofmouth.com/terms.phtml
This Service shall be interpreted and construed according to, and governed by, the laws of the State of California excluding any such laws that might direct the application of the laws of another jurisdiction.