POLICIES / PROCEDURES / TERMS OF SERVICE
Last updated: November 11, 2013

The policies and conditions of the "EWS Terms of Service Agreement" may be changed without notice, as deemed necessary by EWS Management. The current version of this document is accessible by a link provided at the bottom of the client’s Backoffice, as well as at the bottom of the EWS website:  www.EnagicWebSystem.com.

Use of EnagicWebSystem.com (EWS) constitutes full agreement to all of the policies, procedures, terms and conditions found below.

EnagicWebSystem Terms of Service

Overview:

The EnagicWebSystem.com website system has been developed for independent marketers exclusively to promote the products and services associated with Enagic.

Subscription:

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 compliance with the terms and conditions of this Agreement, EnagicWebSystem.com agrees to provide you (EWS client) with the EWS websites and Backoffice Suite service.

Relationship of Parties:

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.

Limited License:

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 posted onto the service 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 EnagicWebSystem.com's written consent.

The Service:

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: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue.

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 or postal mail.

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 service without notice or liability.

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.

EnagicWebSystem.com provides websites with default web addresses and the websites are configurable to your domains; however, EWS is not responsible for your domain names, if you choose to use them. All websites are given a default web address which are guaranteed 98% uptime with exception to 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 us, nor is it provided as a service by us, 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 name's 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 cancel your service by submitting a request through the support system.

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 rules, changes or modifications.

Your right to use the service is subject to any limits established by EnagicWebSystem.com in its sole discretion.

Registration for Service, Password and Security:

To become a subscriber so you can use the service, you must register by providing us with current, complete and accurate information as prompted by the Sign-up Form. You shall provide EnagicWebSystem.com with accurate, complete and updated registration information. 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 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 confidentiality of your password and account. 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 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 in relation 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) 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 EnagicWebSystem.com by submitting a Support Ticket from the member’s Backoffice or sending an email to support@enagicwebsystem.com if 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 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 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 email to you for the purposes of informing you of any changes or additions to the service.

Subscriber Privacy:

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:

  1. conform to legal requirements or comply with legal process;
  2. protect and defend the rights or property of EnagicWebSystem.com;
  3. enforce this Service Agreement or protect EnagicWebSystem.com's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by EnagicWebSystem.com;
  4. respond to request for identification in connection with claim of copyright or trademark infringement by you or a claim by a third party that you are using the service in connection with an infringing, illegal or improper activity; or
  5. act to protect the interests of its Affiliates or others. EnagicWebSystem.com's service transmits your name and/or email address with each message that you send. For more information, see our PRIVACY POLICY. You agree that EnagicWebSystem.com, and its affiliated contractors, may access your account, including its contents, as stated above or to respond to service or technical issues.

Subscriber Conduct:

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:

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.

Email:

You agree to receive email messages from EnagicWebSystem.com. These include, but are not limited to service updates 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 products or additional services outside of our system.

Transaction Security:

All transactions are protected by verified 256-bit data encryption on secure web protocols.

Credit Card Charges:

EnagicWebSystem.com Website Service (EWS) charges on your bank card statement will appear as either "ENAGIC DOT COM" or "E.PRUSAK 252-557-0520". By accepting this Agreement you agree to pay all fees associated with your subscribed EWS service to your card provider.

Payments:

All payments for your EWS service are made using your bank card, credit or debit card. Prepaid card providers, bearing the logo of Visa and MasterCard, can also be used. Payments cannot be made by check or direct account withdraw (ACH). EnagicWebSystem.com also reserves the right at any time to change fees for access to the service or the service as a whole. In the event that EnagicWebSystem.com so elects, it shall post a notice in the members area of EnagicWebSystem.com's website, send a notification by email and post notification on the support forum at least 30 days before said change shall take place.

If you order the EnagicWebSystem.com service, or purchase any other type of account or additional fee-based service from EnagicWebSystem.com, you authorize EnagicWebSystem.com to utilize its merchant account provider to charge your credit card provided during the purchase/enrollment process. Based on your plan selection, you authorize EnagicWebSystem.com to charge your EWS fees to the bank card you provided your monthly or annually subscription fee (auto-renewal) until you request cancellation by either email to billing@enagicwebsystem.com or phone at 252-557-0520, and you receive a confirmation of your cancellation via email from EnagicWebSystem.com. All cancellations are confirmed by email, to the email address that you have provided, within 24 hours. You may opt out of auto-renewal by sending a written request via email to Billing@EnagicWebSystem.com.

It is your responsibility to keep your payment information accurate and current with EnagicWebSystem.com. If a monthly payment cannot be processed, you will be notified and given a minimum of 2 business days grace period with email notice to rectify the situation and make the payment. Failure to rectify the situation within 2 business days will lead to a deactivation of your account until you make satisfactory arrangements. If arrangements are not made within 30 days, your account may be deleted along with all contacts and leads in your database.

Cancellation:

You may cancel service at any time by submitting a request in "Cancellations" from the Support Center found in the member's Backoffice area, or by sending an email to cancel@enagicwebsystem.com. A two day notice is required to insure that you will not be charged. All cancellations, though processed immediately, are made effective at the end of your current billing cycle. On the last day of your current billing cycle your website and backoffice will deactivate. Earlier deactivation may be requested in writing; however, you acknowledge no refund will be processed. 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".

Upon cancellation, your access to the service will remain active until 28 days after your last payment (end of your current billing cycle) unless otherwise requested. You are responsible for all actions and charges incurred up to the time that the account is deactivated. Your user ID (username) must be included in the cancellation request as well as your first and last name and your email address associated with your account. These are used for identification purposes. Cancellations are all confirmed by the EWS Support System via the email address you have provided and are complete only when EnagicWebSystem.com confirms the receipt of the cancellation request. Please keep this confirmation for your future records.

Once your cancellation request has been received and confirmed by EnagicWebSystem.com, your account (and all future charges) will be deactivated at the end of your current billing cycle. No refunds or partial refunds will be provided unless it can be verified that cancellation had been requested and confirmed by EnagicWebSystem.com at least two business days before the last billing.

You agree that EnagicWebSystem.com has the right to delete all data, files, leads or other information that is stored in the Affiliate's account if either EnagicWebSystem.com or the subscriber terminates the subscriber's account with the company for any reason. It is your responsibility to export this information before you request cancellation, and it will be assumed that this has been done. Once your account has been deleted by EnagicWebSystem.com, your data WILL NO LONGER be available to you as it will be DELETED from our system.

Refunds:

You may receive a full refund within 3 days of initial signup date. Annual payment plan accounts (Pro and Abundant) will receive a full refund if cancelled after the auto-renewal payment is processed, but within the first month following their renewal. Auto-renewed annual plan accounts that cancel after the first month, but within the first 90 days of the auto-renewed billing cycle will get a partial prorated refund, less the fee for the daily rate of service received since the date of the auto-renewal payment. There is a $20 fee to process all late cancellations that require a refund / credit transaction.

Bank Card Chargebacks:

Credit card payments are processed by ENAGIC DOT COM. (EXCEPTION: On accounts established before August 2010, EWS charges will appear on your card/bank statement as E.PRUSAK.) In the event that a chargeback is wrongfully issued, you agree to pay an additional $30 false-chargeback processing fee, per chargeback transaction, before your account will be reactivated. You will be asked to call your bank to retract the chargeback action. In addition, your signature on a Letter of Acceptance will be required before your EWS service may be resumed. Once these conditions are met and chargeback is reversed by your bank and funds are returned to EWS, your EWS service will be made available.

Distributor Violations:

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.

Submitting/Importing Information:

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 canceling your account. EnagicWebSystem.com may DELETE all your leads and personal contact information upon cancellation of your account; furthermore, EWS promises to NEVER sell or share this 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, and that 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, or otherwise violates any law. As EnagicWebSystem.com does not and cannot review every message posted or emailed by you, YOU shall remain solely responsible for the content of YOUR messages.

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.

Handling Orphan Prospects:

EnagicWebSystem.com's company 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 information to the person in order to expedite their requests.

Idea Submissions:

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 shall 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.

Proprietary 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.

In regard to this Proprietary Information you agree not to use (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.

Independence from Enagic:

It is your responsibility to cancel your account and provide direct notification via the website or email to EnagicWebSystem.com. Cancellation of your Enagic account will NOT automatically cancel your agreement with EnagicWebSystem.com and cancellation of your EnagicWebSystem account will NOT affect your Enagic account in any way. Both must be handled separately as EnagicWebSystem.com is an Enagic subsidiary, but acts independently from Enagic and does not have access to their database.

Termination:

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. Disclaimer of Warranties, Limitation of Liabilities, and Indemnification 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.

Violations:

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.

Responsibility of Content:

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 from 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.

Modification:

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 this Agreement by canceling your service. Your continued participation in the program following our posting of a change notice or a new Agreement on our site will constitute binding acceptance of the change.

Force Majeure:

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.

Miscellaneous:

This Agreement will be governed by the laws of the United States and the State of Delaware, without reference to rules governing 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.

EnagicWebSystem.com Copyrights:

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 copywrited 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 everything 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 someone else's copyright notice.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION:

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.

Entire Agreement:

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 cancelled. 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's service constitutes acceptance of these Terms and Conditions.

Enurement:

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.

Independent Investigation:

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.