Terms & Conditions

Welcome to Always media! Thank you for using our website (this “Site”). The Site is a copyrighted work belonging to eCuras LLC (“Company”, “we”, “us”, or “our”). The Company grants you (“User”, “you”, “your”) the use of this Site, which is conditioned on the acceptance, without modification, of this Agreement (“Agreement”, “Terms”, “Terms of Service”). This Agreement governs your access to and use of the services, including our various websites, APIs, applications, email notifications, SMS, buttons, and widgets, (“Services”), and any text, information, graphics, software, photos or other materials downloaded, uploaded or appearing on the Services (collectively referred to as “Content”). Whether you are simply browsing or using this Site or purchase Services, by accessing or using the Site you agree that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements: Privacy Policy, Cloud Hosting Agreement, Design and Development Agreement, and Digital Campaign Agreement.

By accessing or using the Site you agree to be bound by this Agreement. THE COMPANY PROVIDES THE SERVICES AND CONTENT ON THE SITE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THIS AGREEMENT, PLEASE READ IT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. Additional Agreements might be available separately with some of our Services, and these Additional Agreements become part of your Agreement with us when and if you chose to access those Services. These Agreements may change from time to time and it is your responsibility to review them when conducting business herein.

Eligibility; Authority

You may use the Site and Services only if you can form a binding contract with the Company and are not a person barred from receiving services under the laws of the United States or other applicable local, state, national, and international jurisdiction. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to this Agreement and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, the Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. The Company shall not be liable for any loss or damage resulting from Company’s reliance on any instruction, notice, document or communication reasonably believed by the Company to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, the Company reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Privacy

Any information that you provide to Company is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Company. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Company account, which you may not be able to opt-out from receiving.

Account and Password

You must be 18 years or older to create an Account.

You are responsible for maintaining the security of your Account and Password that you use to access the Services and for any activities or actions under your Account and Password. The Company encourages you to keep your Account and Password confidential and use “strong” Passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have their own logins under your Account).

You may not use the Service for any illegal or unauthorized You may not use the Service to violate any laws in your jurisdiction (including but not limited to copyright laws).

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Your Account may only be used by one person – a single Account shared by multiple people is not permitted.

One person or legal entity may not maintain more than one Account.

Accounts created using a login system by Facebook/Google will be treated the same.

You must be a human. Accounts registered using automated methods (“bots”) are not permitted.

Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

Availability of Website/Services

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site and/or Services may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with the Company. You acknowledge and agree that the Services may be provided by independent contractors or third party service providers.

Beta Services

From time to time, the Company may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) The Company reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) The Company may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by the Company; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to the Company; (ix) The Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, the Company disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Content you Post

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

Advertisements

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Company on the Services are subject to change. In consideration for Company granting you access to and use of the Services, you agree that Company and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Company to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Company for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Company, or other companies, organizations or individuals who partner with Company, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Company will not be responsible or liable for any use of your Content by Company in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Company Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Company and its licensors. The Services might be protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Company, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

General Rules of Conduct

You will not use this Site or the Services in a manner (as determined by the Company in its sole and absolute discretion) that:

You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by The Company.

You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

You will not access the Company Content (as defined below) or User Content through any technology or means other than through this Site itself, or as the Company may designate.

You agree to back-up all of your User Content so that you can access and use it when needed. The Company does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You will not re-sell or provide the Services for a commercial purpose, including any of the Company’s related technologies, without the Company’s express prior written consent.

You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

You are aware that The Company may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow the Company, in its sole discretion, to record the entirety of such calls regardless of whether the Company asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which The Company is a party.

The Company reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

Your use of Company’s Content and User Content

Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Company Content”), are owned by or licensed to the Company in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Company Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of the Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. The Company reserves all rights not expressly granted in and to the Company Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.

Company Content

You may use the Site and Services only if you can form a binding contract with the Cmpany and are not a person barred from receiving services under the laws of the United States or other applicable local, state, national, and international jurisdiction. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to this Agreement and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, the Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. The Company shall not be liable for any loss or damage resulting from Company’s reliance on any instruction, notice, document or communication reasonably believed by the Company to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, the Company reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

User Content

Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to the Company that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

Security

You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Company Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Company Content or the User Content therein.

Company’s use of User Content

The provisions in this Section apply specifically to the Company’s use of User Content posted to the Company’s corporate websites (i.e., those sites which the Company directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions. You acknowledge and agree that:

The Company shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions).

If you have a website or other content hosted by the Company, you shall retain all of your ownership or licensed rights in User Content.

By posting or publishing User Content to this Site or through the Services, you authorize the Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and the Company’s (and the Company’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that the Company may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, the Company shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or the Company’s (or the Company’s affiliates’) business(es).

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. The Company generally does not pre-screen User Content (whether posted to a website hosted by the Company or posted to this Site). However, the Company reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. The Company may remove any item of User Content (whether posted to a website hosted by the Company or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by the Company in its sole and absolute discretion), at any time and without prior notice. The Company may also terminate a User’s access to this Site or the Services found at this Site if the Company has reason to believe the User is a repeat offender. If the Company terminates your access to this Site or the Services found at this Site, the Company may, in its sole and absolute discretion, remove and destroy any data and files stored by you on the Company’s system or network.

The Company also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Company, its users and the public.

Except as permitted through the Services, these Terms, or the terms provided on API Terms, you have to use the Service API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. }

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Company’s computer systems, or the technical delivery systems of Company’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Company (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with the Company (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of the Company is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Responsibility for Data

You have sole responsibility for all User Files that you store on Company’s servers through use of the Services. You acknowledge and agree that the Company 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 Company’s system or network (on the Services), or for the corruption of or loss or any data, information or content contained in a User File.

Links to Third-Party Websites

This Site and the Services may contain links to third-party websites or resources that are not owned or controlled by the Company. You acknowledge and agree that the Company Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company Entities of such websites or resources or the content, products, or services available from such websites or resources. By using this Site or the Services found at this Site, you expressly release the Company from any and all liability arising from your use of any third-party website. Accordingly, the Company encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

API Terms

Customers may access their Service account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by these Terms of Service plus the following specific terms:

You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

Abuse or excessively frequent requests to Service via the API may result in the temporary or permanent suspension of your account’s access to the API. Company, in its sole discretion, will determine abuse or excessive usage of the API. Company will make a reasonable attempt via email to warn the account owner prior to suspension.

Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Additional Reservation of Rights

The Company expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by the Company in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by the Company in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of the Company, its officers, directors, employees and agents, as well as the Company’s affiliates, including, but not limited to, instances where you have sued or threatened to sue the Company.

The Company expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

The Company expressly reserves the right to terminate, without notice to you, any and all Services where, in the Company’s sole discretion, you are harassing or threatening the Company and/or any of the Company’s employees.

No Spam

We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation. Our spam abuse complaint center can be reached by email at abuse@www-dev.ecuras.com.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number. If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than four (4) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or by completing an Online Spam Complaint Form. Web: URL FOR SPAM/ABUSE Email: abuse@www-dev.ecuras.com Liquidated Damages You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account. Copyright Policy The Company respects the intellectual property rights of others and expects users of the Services to do the same. Notices of alleged Intellectual Property infringement should be filled according to the following guidelines

Trademark Claims

If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), the Company requests that the Complaining Party substantiate such claim by either: (i) filling out the form available here, or (ii) providing the following information via email to trademark@winfuzone.com. The words “Trademark Claim” should appear in the subject line.

To be considered effective, a notification of a claimed trademark violation must include the following information:

Upon receipt of the appropriate information identified above, for trademark claims, the Company will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While the Company is investigating the claim, the Company, at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material from the Company’s Site and/or Servers, notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on a the Company’s system or network, temporarily remove or deny access to the allegedly infringing material.

If the Company concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the Company’s Site and Servers, continue to suspend the alleged infringer’s Company account and/or if it is solely stored on a the Company server, deny access to the allegedly infringing material. If the Company concludes that the Complaining Party has not raised a legitimate claim, the Company will restore access to the allegedly infringing material.

Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of the Company and its customers to abide by it in the context of domain name disputes.

CONTACT US

The Site and these Services are operated and provided by:

eCURAS LLC

Email: legal@ecuras.com

If you have any questions about these Terms, please contact us.

Revised: April 7th 2016