Use of EnagicWebSystem.com, a Flexmark International Limitada company (from here forth also known as EWS),
constitutes full agreement to all of the policies, procedures, terms, and conditions found below.
The policies and conditions of the "EWS Terms of Service Agreement" may be changed without notice, as deemed necessary by EWS Management. A current version of this document is accessible by a link provided at the bottom of the client’s EWS Backoffice, as well as at the bottom of the EWS website, www.EnagicWebSystem.com.
EnagicWebSystem Terms of Service
The EnagicWebSystem.com website system has been developed for independent marketers exclusively to promote the products and services associated with Enagic.
Subscribing to the EnagicWebSystem.com constitutes your acceptance of all policies expressed herein and your agreement to abide by this entire "EWS Terms of Service Agreement". In consideration of your subscription and your compliance with the terms and conditions of this Agreement, EnagicWebSystem.com agrees to provide you (EWS client) with the EWS websites and Backoffice Suite and related service.
This Agreement in no way creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and EWS. Both you and EnagicWebSystem.com are Independent Contractors.
EnagicWebSystem.com grants to you a personal, non-sub-licensable, non-exclusive license to participate in the service. As part of the service, you will have access to information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services created and published as the EWS tools by EnagicWebSystem.com. All other use of the content, including but not limited to: modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another website, mirroring the service, or in any other way exploiting any of the content, in whole or in part, is prohibited without first obtaining written consent from EnagicWebSystem.com.
All services provided by EnagicWebSystem.com may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City Law is prohibited. This includes, but is not limited to: copyright material, material legally judged to be threatening or obscene, or material protected by trade secret and other statutes.
EnagicWebSystem.com reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time. Notification of the changes in the service or this Agreement will be posted on the website, or sent via email.
EnagicWebSystem.com may change, suspend or discontinue any aspect of the service at any time, including the availability of any service feature, database or content. EnagicWebSystem.com may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.
Communications:
The client agrees to provide and maintain a functioning email address for EWS communications. EnagicWebSystem.com is not responsible for guaranteeing the delivery of emails sent through the system. EnagicWebSystem.com will not be responsible for any delays, blocks, or filters associated with email delivery.
Websites:
EnagicWebSystem.com provides websites with default web addresses that are configurable to your domains; however, EWS is not responsible for your domains, if you choose to use them. All websites are given a default web address with a guaranteed 98% uptime, except during scheduled downtimes due to regular server maintenance. If you choose to use your own domain name, you are fully responsible for maintaining your domain name configuration. As a courtesy to our members, we offer to configure your domain name in the most reliable and optimized manner, but this, in no way, guarantees that your domain name will be fully functional. Since your domain name is not owned by EWS, nor is it provided as a service by EWS, there is no possible way to guarantee the service of your domain name. In such a time where your domain name may become nonfunctional, your default web address provided by EnagicWebSystem.com will still remain fully functional. EnagicWebSystem.com reserves the right to alter our name servers, DNS, or IP Address information at any given time without notice according to the needs of our service. If your domain name is configured according to our recommendation and recommended registrar, such changes on our end will not affect your domain functionality.
If these operating guidelines or any future changes are not acceptable to you or cause you to no longer be in compliance with this agreement, you may terminate your service by submitting a request through the support system or by email to Billing@enagicwebsystem.com.
Your continued use of the service now, or following the posting of notice of any changes in these operating rules, will constitute a binding acceptance by you of such restrictions, terms, changes or modifications.
Your right to use the service is subject to any limits established by EnagicWebSystem.com in its sole discretion.
To create your account, you must register by providing complete and accurate information as prompted by the Registration form. Your Distributor details will be validated to confirm your identity and Enagic distributor status. Only one account per person is permitted, regardless of the number of Enagic distributor ID numbers you hold. The system is designed to allow you to manage multiple distributor numbers on one account, however, the Enagic branch, your email address and phone number provided must match the Enagic record for your Enagic Distributor ID.
You shall not knowingly provide inaccurate information with the intent to create a false identity. You also agree not to provide false or misleading information in the Administrative Panel of the software or on your website. This includes, but is not limited to providing a false email address in the "FROM" field on outgoing emails.
You are entirely responsible for maintaining the security of your account and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree not to provide false or misleading information on the Service Sign-up form. This includes, but is not limited to providing a false name or email address.
You agree to notify EnagicWebSystem.com immediately of any unauthorized use of your account or any other breach of security. You agree that EnagicWebSystem.com is the neutral host of the service and has no responsibility or liability relative to the business opportunities that you represent as part of your use of the service.
You agree to indemnify, defend, and hold EnagicWebSystem.com and its affiliates, officers, directors, employees and agents (collectively, "EnagicWebSystem.com") from and against any and all liability, claims, losses, damages, injuries or expenses (including attorney fees and/or bank fees) directly or indirectly arising from or relating to your use of the service and any dispute relating thereto.
You agree that EnagicWebSystem.com may rely on any data, notice, instruction or request furnished to EnagicWebSystem.com by you, which is reasonably believed by EnagicWebSystem.com to be genuine and to have been sent or presented by a person reasonably believed by EnagicWebSystem.com to be authorized to act on your behalf.
You shall notify EWS by email to Support@EnagicWebSystem.com, from the email address associated with your account, or phone 252-557-0520, or chat using EWS Customer Support live chat system at www.enagicwebsystem.com, of any known or suspected unauthorized uses of your account occur, or any known or suspected breach of security occur, including loss, theft or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password and you are responsible for all usage and activity on your account, including the use of the account by a third party authorized by you to use your account.
Any fraudulent, abusive or otherwise illegal activity may be grounds for account termination by EnagicWebSystem.com and referral to the appropriate law enforcement agencies.
You acknowledge and agree that you will promptly notify EnagicWebSystem.com if you are aware of any person who, in your good faith opinion, is or is intending to take unfair advantage of the service provided by EnagicWebSystem.com.
EnagicWebSystem.com reserves the right to send an email to you for the purposes of informing you of any changes or additions to the service. Free Members must agree to receive periodic emails from EnagicWebSystem.com. Any unsubscribe requests will be honored by suspending the account, removing all access to our services and stopping all email communications.
It is EnagicWebSystem.com's policy to respect the privacy of its subscribers. EnagicWebSystem.com will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior permission unless EnagicWebSystem.com has a good faith belief that such action is necessary to:
For the purposes of operating the service and offering features such as Sponsored Memberships (see "Sponsored Memberships (Member-Funded Plans)" below), you acknowledge and agree that your EWS membership status (for example, active, on-hold, suspended, or downgraded to "Basic Access") and your current EWS plan or tier level are not treated as confidential personal information. This information is inherently observable through normal use of the service (for example, a replicated website that is offline or displaying a reactivation notice) and may be visible to, or confirmed for, other validated Enagic distributors within the EWS system, including a member who offers to fund your EWS plan. Your bank card details, contact lists, leads, and other personal account contents remain private as described in this section and in our Privacy Policy.
EnagicWebSystem.com retains the right, at its sole discretion, to determine whether or not a subscriber's conduct is consistent with the letter and spirit of the Terms of Service Agreement, Conditions or Policies, and Procedures of EnagicWebSystem.com. EWS may terminate service if a subscriber's conduct is found to be inconsistent with said Terms of Service Agreement and/or Conditions and/or Policies and Procedures.
Spam is expressly forbidden and includes using any reference to your EnagicWebSystem Web site in an unsolicited email as well as all other accepted definitions of Spam. Only prospects who have given you permission personally may be entered into the Auto Responder to receive the follow-up messages. No importing of leads is permitted without some previous relationship with each prospect and a definite request for information regarding the Enagic system and business opportunity from each lead entered.
You agree to receive email messages from EnagicWebSystem.com. These include but are not limited to prospect notifications, Enagic and EWS announcements, service updates, Terms of Service changes, and notifications of any changes that may affect your use of the EWS system. We will not send any emails or notices that, in any way, promote third party products or additional services not directly related to Enagic and EWS. Your email address will not be shared with third party interests.
Free Members must agree to receive periodic emails from EnagicWebSystem.com. Any unsubscribe requests will be honored
by suspending the account, removing all access to our services and stopping all email communications.
All transactions are protected by verified 256-bit data encryption on secure web protocols.
EnagicWebSystem.com Website Service (EWS) transactions on your bank card statement will appear as either "ENAGIC DOT COM" or "EnagicWebSystem.com". By accepting this Agreement you agree to pay all EWS fees associated with your subscribed EWS account to your card provider.
All payments for your EWS service are paid in advance, using your bank card, credit or debit card provided by the major card companies, Visa, MasterCard, Discover and American Express. Prepaid cards, bearing the logo of Visa and MasterCard, are also accepted. Payments cannot be made by check or direct ACH withdraw. EnagicWebSystem.com reserves the right at any time to change fees for access to the service or the service as a whole. If EWS increases the fees currently being charged to you, EWS will post a notice in the members' area of EnagicWebSystem.com website, send a notification by email, and post a notification on the support forum at least 30 days before said change shall take place.
When you register in the EnagicWebSystem.com Service (EWS), upgrade your plan or purchase any additional fee-based service from EnagicWebSystem.com, you authorize EnagicWebSystem.com to charge the bank card you provided during the purchase/enrollment process or any bank card that you later change your payment method to use. Based on your plan selection, you authorize EWS to auto-bill (auto-renew), charging your EWS fees to the bank card you provide for your monthly or annual subscription until you request to downgrade to "Basic Access" (see "Downgrading EWS Service" section below) or cancel (suspend) this agreement with EWS.
Once your payment transaction has been processed, you are into your new billing period and no refunds will be
processed except in conditions as described below, under "Refunds".
You may opt out of auto-renewal if you are on an annual payment plan by sending a written request via email to Billing@EnagicWebSystem.com. You acknowledge that doing so may result in a service Downgrade to "Basic Access" should you fail to make your payment manually before your next due date.
Your EWS fee may increase when you reactivate or upgrade from "Basic Access" to the plan of your choice, related to any fee increases or plan changes that have occurred while your fee-based EWS Service was inactive. Any discounts you received previously will no longer be applicable.
Grace Period:
It is your responsibility to keep your payment information accurate and current with EnagicWebSystem.com. If your payment is not received when due, you will be notified and given a period of 9 days grace, in which your EWS backoffice and websites will stay active, giving you time to resolve your payment issue. The EWS system will continue attempts to process your payment each day. You will receive decline notices by email during this period. Your payment, when received, will be applied to your past due amount to collect for the entire period of service you received and for your remaining month (or year) forward. If payment is not received before the end of the grace period your account will be placed on-hold. Your account can be reactivated by submitting a payment to restore your EWS Service Plan, website(s), and backoffice access, through a payment form your backoffice login page.
Important note: Special discounts are not retained should an account downgrade to "Basic Access"
related to non-payment or by request. Your payment may increase when you restore your EWS plan.
You may cancel or downgrade your EWS plan anytime. Cancellation and Downgrade requests require a minimum advance notice 3 days before your next billing date; your EWS service will remain fully functional through the last day of the current billing cycle. You must request a cancellation or downgrade of your EWS service by communicating directly with EWS Customer Care (EWS Support) at EnagicWebSystem.com (EWS).
IMPORTANT NOTE: Do not request Enagic Support to cancel your EWS Service. Enagic Support cannot make changes to your EWS Service.
Cancellation request may be emailed to Billing@EnagicWebSystem.com, Support@EnagicWebSystem.com, by phone at 252-557-0520, or through the EWS Support Live Chat system, available from your backoffice, through your Mobi app or at www.enagicwebsystem.com. For identification purposes, your user ID (username) must be included in your request, as well as your first and last name, Enagic distributor number, and the email address associated with your EWS account. All Cancellation and Downgrade requests are confirmed by email within 1 business day to the email address on your EWS account. You will receive a confirmation number as proof of your request. Your Cancellation / Downgrade is not complete until you receive the confirming email from EnagicWebSystem.com. You are responsible for all purchases you initiate up through the time that the account is deactivated. Earlier deactivation or downgrade may be requested in writing; however, you acknowledge no refund will be processed. You may also downgrade your account to other paid plans through your backoffice "Settings > Billing/Account"; the change will be implemented immediately prorated to your previous plan. Members who request a Basic Access Downgrade from EWS Customer Care waive the right to the remaining service credit on their account or can specifically request at the end of their currentl billing cycle. Changing from one plan to another plan of lesser value from your backoffice will apply a prorated discount if one applies.
You may request changes to be made to your account through EWS Customer Care. EWS Service change requests resulting in a credit, requested after the payment has processed, will be credited in "service time" at a prorated rate.
Purchases of EWS Service or products are non-refundable, except when a client requests a Downgrade to "Basic Access" under these following conditions:
There is a $40 (forty dollar) processing fee for all late downgrades, changes or cancellations that require a refund.
Please contact EWS in the event you feel you were wrongly charged. The charges will be investigated, explained and resolved by EWS. If you contact your bank for a dispute (chargeback) you will incur additional fees to your EWS account. The bank will reverse your payment and causes your EWS account to be past due, resulting in a suspension of your EWS service. In addition, you agree to pay the monthly fees for service received up through the end of the monthly billing cycle based on the date the chargeback was filed and a $40 (forty dollar) chargeback processing fee per chargeback transaction. At EWS discretion You may be asked to call your bank to retract the chargeback action or to provide a new payment as a replacement for that which was reversed. In addition, your signature on a Letter of Acceptance, conveying that you purchased EWS Service and agree to pay the fees through your bank card, may be required. Once these conditions are met and the past due payment for dues and fees are received, your EWS Service will be restored. EnagicWebSystem reserves the right to refuse service to anyone who does not fully cooperate to resolve chargebacks and past due balances.
EnagicWebSystem.com may offer a feature that allows one validated Enagic distributor (the "Sponsor") to pay the EWS plan fees of another validated Enagic distributor (the "Recipient") on their behalf. A Sponsored Membership funds the Recipient's EWS plan only. It does not transfer ownership of, or grant the Sponsor any control over, the Recipient's account, login, content, leads, or settings beyond paying for the selected plan.
By initiating a Sponsored Membership, the Sponsor authorizes EnagicWebSystem.com to charge the Sponsor's bank card for the plan and duration (number of billing cycles) the Sponsor selects. The amount charged is applied to the Recipient's EWS account to cover the selected plan for that period. The Sponsor, not the Recipient, is the payer for the sponsored period.
EnagicWebSystem.com does not guarantee that any Sponsored Membership will begin, continue, or renew. A Sponsor may pause or stop funding at any time, after which the Recipient is responsible for their own EWS fees. Any understanding or arrangement between a Sponsor and a Recipient regarding payment, repayment, or expectations is solely between those parties; EnagicWebSystem.com is the neutral host of the service and is not a party to, and assumes no responsibility for, any such arrangement.
Refunds related to a Sponsored Membership, where applicable, are issued to the Sponsor's bank card for unused (unconsumed) billing cycles only, subject to the "Refunds" terms and processing fee described above. Service already received is non-refundable. The Sponsor's bank card statement reflects the amount charged to the Sponsor, and the Recipient's EWS billing record reflects the sponsored coverage applied to the Recipient's plan. If a Sponsor files a bank card dispute (chargeback) for a sponsored charge, the "Bank Card Disputes (chargebacks)" terms above apply, the funded coverage may be reversed, and the Recipient's account may become past due and be suspended as a result.
Invitations to fund a plan, and any related communications sent through the system, may only be directed to Enagic distributors with whom the Sponsor has a personal relationship. The "Spam" and "Submitting/Importing Information" terms of this Agreement apply in full to these communications. EnagicWebSystem.com may limit the number of invitations or sponsorships, and may suspend access to this feature or to the account, for any misuse, abuse, or activity that may harm the service or its members.
Violations of any terms or conditions of the Terms of Service set forth by Enagic or EnagicWebSystem.com, or if Enagic revokes your distributorship for any reason, EWS reserves the right to terminate your service without advance warning. No refunds will be issued and the remainder of your EWS subscription will be forfeited.
You represent to EnagicWebSystem.com that any and all email addresses you upload into the system are from individuals who have personally given you permission and have specifically requested information regarding the Enagic opportunity.
By submitting content or images to any "Public Area" (e.g. bulletin boards, Auto Responder, etc.) you automatically grant to EnagicWebSystem.com a royalty-free, non-exclusive right and license to display such content or images worldwide on your replicating site or respective forum where you submitted such content or images.
By submitting leads into the EnagicWebSystem.com system, you acknowledge and agree that EnagicWebSystem.com will have access to and manage the database where these leads are stored. EnagicWebSystem.com recognizes that these leads, as well as your personal contact information, belong to you and may not be shared with any other entity for any consideration without your express written permission. EnagicWebSystem.com may NOT sell, delete, modify, edit or remove said leads from the EnagicWebSystem.com system as long as you maintain your subscription. You acknowledge and agree that EnagicWebSystem.com will provide access for you to export all of your leads and personal contacts, and it is your responsibility to do so BEFORE Downgrading your account to "Basic Access". EnagicWebSystem.com may DELETE all your leads and personal contact information after 3 years of inactivity of your EWS account. EWS promises to NEVER sell or share your information to any entity for any consideration.
Although EnagicWebSystem.com provides some encryption to protect certain personal information which is transmitted, you understand that your uploads and transmissions may be intercepted and used; all the risk associated therewith is solely yours. You shall not upload to or distribute or otherwise publish through the service any content which is libelous, defamatory, obscene, pornographic, abusive, which infringes the copyright, trademark, or other intellectual property rights of any third party, or otherwise, violates any law. As EnagicWebSystem.com does not and cannot review every message posted or emailed, YOU shall remain solely responsible for the content of YOUR emails, messages, postings, etc.
EnagicWebSystem.com reserves the right to disclose information about sales and usage generated by the service in forms that do not reveal your personal identity.
EnagicWebSystem.com company referral policy is that anyone who contacts our offices requesting information on acquiring an Enagic Product are told to go to the person or site where they were first introduced to Enagic. We also make an attempt to locate the sponsor of said person by matching email address and/or IP address to our database. If a sponsor is found, we may relate the sponsor EWS website information to the person in order to expedite their requests.
EnagicWebSystem.com welcomes specific comments regarding the service. If you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively "Information"), the information shall be deemed and remain, the property of EnagicWebSystem.com. None of the information shall be subject to any obligation of confidentiality on the part of EnagicWebSystem.com, and EnagicWebSystem.com shall not be liable or owe any compensation for any use or disclosure of the Information.
You acknowledge that in the course of using the service you will obtain information relating to the service and/or to EnagicWebSystem.com ("Proprietary Information"). Such Proprietary Information shall belong solely to EnagicWebSystem.com and includes, but is not limited to, the features and mode of operation of the service.
You agree not to use this Proprietary Information (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of EnagicWebSystem.com, or unless such Proprietary Information becomes part of the public domain without breach of this Agreement by you.
It is your responsibility to properly terminate your EWS Service when desired by direct notification via the EWS website or email to EnagicWebSystem.com.
Cancellation of your Enagic account will NOT automatically terminate your EWS Terms of Service agreement nor Downgrade of your service with EnagicWebSystem.com. Downgrading to "Basic Access" of your EWS account will NOT change nor affect your Enagic account in any way.
Either or both must be handled separately as EnagicWebSystem.com is an Enagic subsidiary, but acts independently from Enagic.
EnagicWebSystem.com may, in its sole discretion, terminate or suspend your access to all or part of the service for any reason, including without limitation, breach of this Agreement or assignment of this Agreement by you.
Upon termination, you shall no longer be entitled to use the service, and the licenses granted hereunder shall terminate and you shall immediately return or destroy all Proprietary Information, but the terms of this Agreement will otherwise remain in effect.
If you violate any terms or conditions of the Terms of Service set forth by Enagic or EnagicWebSystem.com, or if Enagic revokes your distributorship for any reason, EWS reserves the right to terminate your service without any advance warning. No refunds will be issued and the remainder of your membership will be forfeited.
EnagicWebSystem.com makes no representations whatsoever about any other website which you may access through the service. When you access a non-EnagicWebSystem.com website, please understand that it is independent of EnagicWebSystem.com and that EnagicWebSystem.com has no control over the content on that website.
In addition, a link to a non-EnagicWebSystem.com website does not mean that EnagicWebSystem.com endorses or accepts any responsibility for the content or the use of such website.
We may modify any of the terms and conditions contained in this Agreement, at ANY time and in our sole discretion, by posting a change notice or a new agreement on our site. If any modification is unacceptable to you, or if you are dissatisfied with the service or with any terms, conditions, rules, policies, guidelines, or practices of EnagicWebSystem.com in operating the service, your only recourse is to terminate your EWS service and thus this Agreement. Your continued participation and use in of EWS Service following our posting of a change notice or a new Terms of Service Agreement on our site will constitute binding acceptance of the change.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement will be governed by the laws of the United States and the State of Delaware, without reference to rules governing a choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Any and all content on the EnagicWebSystem.com website and related sites, including but not limited to text, graphics, logos, picture images, audio files, video files, multi-media, music, sound, intellectual property, and software is the property of EnagicWebSystem.com and is protected by U.S. and International Copyright and Trademark Laws. No part of the website or related websites may be reproduced or transmitted in any form or by any means without written permission from EnagicWebSystem.com. EnagicWebSystem.com WILL PURSUE any illegal use of EWS copyright materials. No persons have the right to resell our content and services in any shape or form whatsoever.
EnagicWebSystem.com's copyright notice (Copyright © 2006 by EnagicWebSystem.com. All Rights Reserved) appears to remind you that all published materials on the EnagicWebSystem.com websites are owned by EnagicWebSystem.com and protected by copyright as a collective work or compilation (or both) with the exception of works identified by another's copyright notice.
The service allows you to upload, store, publish, transmit, and share content — including text, images, photographs, video, audio, documents, and website material — through your replicated websites, landing pages, image library, campaigns, shared team assets, and other features of the service (collectively, "Member Content"). As between you and EnagicWebSystem.com, Member Content remains yours.
You are solely responsible for the Member Content you upload or transmit. You represent and warrant that you own, or have obtained all rights, licenses, consents, and permissions necessary to use and to authorize EnagicWebSystem.com to host, store, display, and transmit, all Member Content you place into the service, and that your Member Content does not infringe or misappropriate the copyright, trademark, publicity, privacy, or other rights of any person or entity.
EnagicWebSystem.com does not pre-screen, monitor, edit, approve, or review Member Content before it is published, and does not select or control the recipients of Member Content. With respect to Member Content, EnagicWebSystem.com acts solely as a passive host and provider of storage and transmission facilities at the direction of its members. EnagicWebSystem.com does not endorse Member Content and is not responsible or liable for it. EnagicWebSystem.com reserves the right, but assumes no obligation, to remove or disable access to any Member Content at any time, for any reason, without notice.
EnagicWebSystem.com respects the intellectual property rights of others and requires its members to do the same. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA").
Notification of Claimed Infringement. If you believe in good faith that material available through the service infringes a copyright you own or are authorized to act on behalf of, you may send a written notice to our Designated Copyright Agent at the address below. To be effective, your notice must include substantially all of the following, as required by 17 U.S.C. § 512(c)(3)(A):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right
that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single site are
covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to
locate the material — a complete URL is strongly preferred.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if
available, an email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Copyright Agent. Notices of claimed copyright infringement must be sent to:
Copyright Compliance Department
EnagicWebSystem.com
Ave. Perez, Azuero #122
Chitre, HE 0601-0195
Panama
Email: dmca@enagicwebsystem.com
Telephone: +1 252 557 0520
This contact information is for notices of claimed copyright infringement only. Support requests, billing questions, and other correspondence sent to this address will not receive a response; please use the EWS support system for those.
Please note. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or its authorized licensee, or by EnagicWebSystem.com. If you are not certain whether material infringes your rights, you should consult an attorney before sending a notice.
Our Response. Upon receipt of a notice that substantially complies with the requirements above, EnagicWebSystem.com will act expeditiously to remove or disable access to the material claimed to be infringing, and will take reasonable steps to notify the member who provided the material that it has been removed or disabled. We may forward a copy of the notice, including your contact information, to that member.
Counter-Notification. If you are a member whose material has been removed or disabled and you believe in good faith that the removal was the result of mistake or misidentification, you may send a written counter-notification to our Designated Copyright Agent at the address above. To be effective, your counter-notification must include substantially all of the following, as required by 17 U.S.C. § 512(g)(3):
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location at
which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled
as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal
District Court for the judicial district in which your address is located, or, if your address is outside of the
United States, for any judicial district in which EnagicWebSystem.com may be found, and that you will accept service
of process from the person who provided the original notification or an agent of that person.
If we receive an effective counter-notification, we may forward it to the party who submitted the original notice and inform that party that we may replace the removed material or cease disabling access to it. Unless that party notifies us that it has filed an action seeking a court order to restrain the allegedly infringing activity, we may replace the material or cease disabling access to it not less than 10 nor more than 14 business days after receipt of the counter-notification.
Repeat Infringers. EnagicWebSystem.com has adopted and will reasonably implement a policy of terminating, in appropriate circumstances and at its sole discretion, the accounts of members who are repeat infringers of the copyright or other intellectual property rights of others. EnagicWebSystem.com may also, at its sole discretion, limit access to the service or terminate the account of any member who infringes the intellectual property rights of others, whether or not there is any repeat infringement. Termination under this section is governed by the "Termination" and "Violations" sections of this Agreement; no refunds will be issued and the remainder of the membership will be forfeited.
Standard Technical Measures. EnagicWebSystem.com accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works, as that term is defined in 17 U.S.C. § 512(i).
Trademark and Other Complaints. Complaints regarding alleged trademark infringement or other alleged violations of intellectual property rights arising from Member Content may also be sent to the Designated Copyright Agent contact above, and will be handled under a substantially similar process.
EnagicWebSystem.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. EnagicWebSystem.com also disclaims any warranty of merchantability or fitness for a particular purpose. EnagicWebSystem.com will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by EnagicWebSystem.com’s negligence or the subscriber's errors or omissions. Use of any information obtained via EnagicWebSystem.com is at your own risk. EnagicWebSystem.com specifically denies any responsibility for the accuracy or quality of information obtained through its services.
EnagicWebSystem.com does NOT warrant that the EnagicWebSystem.com websites and related websites and/or services will be error-free or uninterrupted and we will not be liable for the consequences of any interruptions or errors.
The EnagicWebSystem.com website and service is distributed on an "as is" basis without warranties of any kind, either expressed or implied. EnagicWebSystem.com will not be responsible for ANY losses, damages or costs that you and/or your business may suffer when using the EnagicWebSystem.com websites and related websites and/or services. You expressly agree to indemnify and hold harmless EnagicWebSystem.com from ANY claims resulting from your use of the EnagicWebSystem.com websites and related websites and/or services. You expressly agree that use of the EnagicWebSystem.com websites and related websites and/or services is at your sole risk and you understand such risks are an inherent part of business.
You expressly agree that neither EnagicWebSystem.com nor its service providers, affiliates, licensors, employees and/or contractors shall have ANY liability for ANY damages suffered by you, your business or ANY other 3rd party as a result of the use or misuse of the websites and related websites and/or services.
This Agreement constitutes the entire agreement between EnagicWebSystem.com and you pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity, and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of EnagicWebSystem.com Service constitutes acceptance of these Terms and Conditions.
The provisions of this agreement shall be binding on you and ensure to the benefit of the successors and assigns of EnagicWebSystem.com. EnagicWebSystem.com may assign this Agreement at any time in its sole and absolute discretion and without your consent.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
By clicking on the "Signup" button and using the EnagicWebSystem.com services you indicate your acceptance of this Agreement and its Terms and Conditions. If you do not agree to all of the Terms and Conditions of this Agreement, then you will not be able to subscribe to EnagicWebSystem.com Website Service.