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Our Terms of Service

I agree that I have read the following terms and conditions that govern the website for InstaNotified.com. Reading this message constitutes an agreement to comply with said terms and conditions. InstaNotified.com is the property of Insta Notified, Excelsus LLC. and the use of its services is available to anyone in the United States on the stipulation that they abide by the Terms and Conditions governing this Service.

1. This is an agreement relating to your use of the Insta Notified, Excelsus LLC's website (InstaNotified.com) between you and Insta Notified, Excelsus LLC. The agreement consists of the Insta Notified, Excelsus LLC Privacy Policy and the following terms and conditions. Use of the Insta Notified, Excelsus LLC's website (InstaNotified.com) notification delivery system constitutes consent to all terms and conditions as outlined below.

InstaNotified.com is a notification marketing product based on core technology, which is a unified messaging platform that enables clients of Insta Notified, Excelsus LLC to send and receive communications with their customers via SMS, MMS, VOICE, and EMAIL. By using Insta Notified, Excelsus LLC's products and services, you and Insta Notified, Excelsus LLC. have agreed to the following stipulations:

SMS/MMS Terms of Service

Charges: Standard message and data rates may apply to any user sending or receiving SMS/MMS messages.

Active Phone Number Billing: Any phone numbers that have received or sent an SMS/MMS will be marked as ACTIVE by our system and will be reflected at the end of every billing cycle.

STOP: You can cancel the SMS/MMS service at any time. Just text "STOP" to the same number the text was received from. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS/MMS messages from us. If you want to join again, you may send the SMS message "START" to the same number you texted "STOP" to continue to receive messages from that sender.

HELP: If at any time you forget what keywords are supported, just text "HELP" to the same number the text was received from. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

SMS Coverage: SMS coverage for Insta Notified, Excelsus LLC is supplied by a constantly growing number of wireless carrier networks. Contact Insta Notified, Excelsus LLC's website (InstaNotified.com) via [email protected] to receive updated information regarding carriers that currently support SMS through Insta Notified, Excelsus LLC. Insta Notified, Excelsus LLC currently supports coverage in the United States.

Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, Boost Mobile, and Virgin Mobile.

Minor Carriers: Advantage Cellular (DTC Wireless), Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), MetroPCS, Mosaic (Consolidated or CTC Telecom), MTA Communications , MTPCS (Cellular One Nation), Nex-Tech Wireless, NTelos, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, Plateau (Texas RSA 3 Ltd), RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

MMS Carrier Support: AT&T, Verizon Wireless, Sprint, and T-Mobile.

Customer & Technical Support: Customer and Technical Support for Insta Notified, Excelsus LLC may be contacted during normal business hours. Normal business hours are defined as 9am to 5pm Eastern Standard Time, Monday through Friday. Insta Notified, Excelsus LLC's support staff will handle any calls made on holidays or outside normal business hours on the following day.

Incorporation of MMA Guidelines: All parties agree to adhere to current Association's "U.S. Consumer Best Practices Guidelines" ("MMA Guidelines"). These guidelines can be found at http://mmaglobal.com/policies/consumer-best-practices. The terms of this document shall prevail in the event of a conflict between the MMA Guidelines and the terms of this document.

In the event of a conflict between terms in this document and the MMA Guidelines, this document shall prevail.

Content: The term "Content" refers to the data you are asking Insta Notified, Excelsus LLC. to store, process, or transmit to end users. You represent the following:

1) You own and/or have licensed the rights and necessary clearances to distribute the content to mobile devices (and, optionally, any other means of viewing content that has been mutually agreed on). The Content does not violate the rights of any entity protected by intellectual property legislation or similar laws or regulations.

2) All Content is consistent with standards imposed by mobile carriers and aggregators; specifically, the Content is not libelous, defamatory, inaccurate, sexually explicit, unlawful, obscene, false, misleading, racially or ethnically offensive, or objectionable.

3) The Content adheres to the current Association "U.S. Consumer Best Practices Guidelines". Said guidelines can be viewed at http://mmaglobal.com/policies/consumer-best-practices.

4) The Content (including storage, delivery, and transmission) does not violate any laws or regulations in the United States, New York, your home jurisdiction(s), or any other jurisdiction where the Content is stored, delivered, or transmitted.

5) Insta Notified, Excelsus LLC prohibits the use of their platform and services for certain types of text programs and content either stored or transmitted. These programs and content include but are not limited to the following: sex, hate, alcohol, firearms, tobacco, drugs, loans, payday loans, short-term loans, mortgage loans, student loans, debt, debt relief, debt consolidation, debt reduction, credit, credit repair, tax, tax relief, work from home, medication. Insta Notified, Excelsus LLC reserves the right to refuse, suspend, terminate any campaign, text program or account at any time and without warning that, in its opinion, is related to any type of said content or other content deemed unacceptable by Insta Notified, Excelsus LLC.

Insta Notified, Excelsus LLC. reserves the right to delete or refuse to transmit any Content that, in its opinion, violates any of the above stipulations. In the event that Insta Notified, Excelsus LLC. deletes or refuses to transmit Content, the company will contact you to inform you of the problem. Insta Notified, Excelsus LLC. will work with you to complete the campaign.

You permit Insta Notified, Excelsus LLC's website (InstaNotified.com) to alter and encode the Content into other formats, store it, and transmit it via third parties to mobile devices (and, optionally, any other means of viewing the content that is mutually agreed on)..

Campaigns: Insta Notified, Excelsus LLC. may refuse, suspend, terminate any campaign, text program or account that, in its opinion, is not in compliance with the then-current MMA guidelines, TCPA guidelines, CTIA guidelines, Cellular Carrier guidelines or that violates any applicable law or regulation.

Voice Terms of Service

Charges: Standard voice and minute rates may apply to any user receiving voice messages.

Active Phone Number Billing: Any phone numbers that have received or sent a voice call, no matter the amount of seconds or minutes of the call, will be marked as ACTIVE by our system and will be reflected at the end of every billing cycle.

Message: All voice messages are relayed using a robotic voice which are stored using an XML file.

STOP: You can cancel the VOICE service at any time. Just text "STOP" to the same number the text was received from. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive VOICE messages from us. If you want to join again, you may send the SMS message "START" to the same number you texted "STOP" to continue to receive messages from that sender.

VOICE Coverage: VOICE coverage for Insta Notified, Excelsus LLC is supplied by a constantly growing number of wireless carrier networks. Contact Insta Notified, Excelsus LLC's website (InstaNotified.com) via [email protected] to receive updated information regarding carriers that currently support VOICE through Insta Notified, Excelsus LLC. Insta Notified, Excelsus LLC currently supports coverage in the United States.

Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, Boost Mobile, and Virgin Mobile.

MMS Carrier Support: AT&T, Verizon Wireless, Sprint, and T-Mobile.

In the event of a conflict between terms in this document and the MMA Guidelines, this document shall prevail.

Content: The term "Content" refers to the data you are asking Insta Notified, Excelsus LLC. to store, process, or transmit to end users. You represent the following:

3) The Content adheres to the current Association "U.S. Consumer Best Practices Guidelines". Said guidelines can be viewed at http://mmaglobal.com/policies/consumer-best-practices.

Email Terms of Service

Sending and Receiving: When sending an email, the email will be sent out using one of our automated email addresses. A reply-to address will be attached to each email in which the recipient can reply to your email. Insta Notified, Excelsus LLC is not responsible for any emails lost or not received. It is your duty as the sender to make sure the reply-to email is a working one.

Email Coverage: EMAIL coverage for Insta Notified, Excelsus LLC is supplied by a constantly growing number of SMTP networks. Contact Insta Notified, Excelsus LLC's website (InstaNotified.com) via [email protected] to receive updated information regarding SMTP networks. Insta Notified, Excelsus LLC currently supports coverage in the United States.

Major Networks: In house SMTP servers/networks

In the event of a conflict between terms in this document and the MMA Guidelines, this document shall prevail.

Content: The term "Content" refers to the data you are asking Insta Notified, Excelsus LLC. to store, process, or transmit to end users. You represent the following:

3) The Content adheres to the current Association "U.S. Consumer Best Practices Guidelines". Said guidelines can be viewed at http://mmaglobal.com/policies/consumer-best-practices.

Mobile Phone Numbers Purchased From Us

By purchasing a SENDER ID also known as a mobile phone number for use on the Insta Notified, Excelsus LLC platform, you represent that:

1) You are in compliance with MMA and TCPA Guidelines.

2) Insta Notified, Excelsus LLC's website (InstaNotified.com)'s delivery of messages to the numbers provided will not violate MMA or TCPA Guidelines.

3) Transmission of messages to those phone numbers does not violate any applicable laws or regulations.

4) You are aware of all charges that come with this phone number.

Reporting: Receiving access to Insta Notified, Excelsus LLC's messaging platform will confirm the start of the campaign and provide proof of performance.

Service Level and Third Party Reliance: Uptime for Insta Notified, Excelsus LLC's messaging platform is 99.8%. Insta Notified, Excelsus LLC, however, relies on many external suppliers in order to transmit messages to and from mobile devices. These suppliers include, but are not limited to, intermediary aggregators between Insta Notified, Excelsus LLC and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others. Any failure on the part of any outside parties that results in message delay or failure falls under the definition of "Force Majeure" as described below.

Location Verification Tool

All location data that is stored from the requested user will not be shared with anyone but the entity who has requested it. All location data that is found on Insta Notified, Excelsus LLC will not be used, sold, and/or distributed in any way to harm the individual who provided their location.

Each Location Verification Message must include a short reason as to why you need the individuals location. Failing to do so will result in suspension. However, if the individual knows the reason through a different form of communication such as a written letter/memo and/or in-person conversation then you must provide us with a notice to avoid suspension.

By using the Location Verification tool on the Insta Notified, Excelsus LLC's platform, you represent that:

1) You are in compliance with MMA and TCPA Guidelines.

2) Insta Notified, Excelsus LLC's website (InstaNotified.com)'s delivery of messages to the numbers provided will not violate MMA or TCPA Guidelines.

3) Transmission of messages to those phone numbers does not violate any applicable laws or regulations.

4) You are aware of all charges that come with this phone number.

Reporting: Receiving access to Insta Notified, Excelsus LLC's messaging platform will confirm the start of a plan and provide proof of performance.

Location Data: Location data that is received from an individual will be kept confidential and will only be used for the given purpose.

Force Majeure

General. Excluding payment obligations, neither party will liable for default or delay of obligations under the terms outlined in this document if any such default or delay results from conditions beyond the reasonable control of either party. Such conditions include, but are not limited to, earthquakes, flood, fire, accident, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes ("Force Majeure event"). If Insta Notified, Excelsus LLC. suffers such default or delay, it will make reasonable efforts within five (5) business days to recommend a substitute transmission for the time period of the original transmission. If the Client is not reasonably satisfied with such substitute transmission, Insta Notified, Excelsus LLC. will allow Client a pro rated reduction in services in the amount of money allotted to time, space, and/or program charges at the time of purchase. In addition, all parties will retain the benefit of the same discounts that would have been earned had there been no delay or default.

Payment: If Client's ability to transfer funds to third parties has been negatively impacted by an event outside the reasonable control of Client, Client will make all reasonable efforts to make payments in a timely manner to Insta Notified, Excelsus LLC.. Events outside the control of Client include, but are not limited to, failure of banking clearing systems or a state of emergency. Delays caused by aforementioned conditions will be excused for the duration of such condition. Excuse for delays caused by events beyond reasonable control of Client will not relieve any financial obligations of Client that would have been due and paid without such conditions.

Service may be suspended, cancelled or terminated by Insta Notified, Excelsus LLC if the Client's payment for service fails. If this occurs, a series of "Payment Failure" notices will be sent and service will be cancelled or terminated if payment is not received within 14 days.

Cancellation: Either party may cancel the remainder of service without penalty in the event that Force Majeure continues for five (5) consecutive business days.

Additional Indemnification: You agree that Insta Notified, Excelsus LLC. and its affiliates and subsidiaries will be indemnified harmless against any losses, damages, or expenses (including reasonable legal fees and disbursements) arising from or relating to any claims, actions, or other proceedings brought on by or on behalf of any third party if said claims result from your acts or omissions in connection with any service offered by Insta Notified, Excelsus LLC. Additional Indemnification: You agree that Insta Notified, Excelsus LLC. and its affiliates and subsidiaries will be indemnified harmless against any losses, damages, or expenses (including reasonable legal fees and disbursements) arising from or relating to any claims, actions, or other proceedings brought on by or on behalf of any third party if said claims result from your acts or omissions in connection with any service offered by Insta Notified, Excelsus LLC.

2. Use of Insta Notified, Excelsus LLC's website (InstaNotified.com). The Messaging Center is not to be used for any abusive and/or unlawful purposes. Such purposes include, but are not limited to, any use that may cause disruption of services provided by Insta Notified, Excelsus LLC. or its customers, or damage to Insta Notified, Excelsus LLC. property. You agree that all usage of the Insta Notified, Excelsus LLC's website (InstaNotified.com), including transmitted communications, will be in compliance with all laws and regulations. You are responsible for all content transmitted through the Messaging Center. Insta Notified, Excelsus LLC. only provides you with service of sending messages to mobile phones. Insta Notified, Excelsus LLC's website (InstaNotified.com) is not liable for any consequences brought on by or relating to any messages sent by any person that uses aforementioned service.

3. Privacy. Your private information will only be collected, stored, processed, transmitted, or otherwise handled by Insta Notified, Excelsus LLC. with your knowledge and consent. This is primarily done by completing an online form. Your personally identifiable information will not be sold or rented to anyone by Insta Notified, Excelsus LLC.. Any lack of privacy that you may experience while using the Messaging Center is not the fault of Insta Notified, Excelsus LLC., and Insta Notified, Excelsus LLC. will not be held liable. Insta Notified, Excelsus LLC. reserves the right to disclose, intercept, or delete any messages sent through the Messaging Center in order to protect its rights.

4. Limitation of Liability. Insta Notified, Excelsus LLC. will not be held liable, under any circumstances, to you or any other person for any direct, indirect, punitive, incidental, consequential, or special damages of any form that are brought on by or are related to use of the Messaging Center at InstaNotified.com. Insta Notified, Excelsus LLC. will not be held liable for any act associated with the proper exercise of its rights under 2 and 3 of this agreement between Insta Notified, Excelsus LLC. and you.

5. No Warranties. Insta Notified, Excelsus LLC. offers no express warranty with regards to its services or the Messaging Center. Insta Notified, Excelsus LLC. disclaims any implied warranty, including specifically any warranties of merchantability or fitness for a particular purpose. Insta Notified, Excelsus LLC. does not authorize anyone to make any kind of warranty on its behalf.

6. DISCLAIMER InstaNotified.com (the Site) and its contents are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Insta Notified, Excelsus LLC. offers no warranties (implied or expressed) or representations of any kind (and they are expressly disclaimed) with respect to the Site, services, or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, Insta Notified, Excelsus LLC. does not represent or warrant that:

(i) The Services will meet your requirements; its services will meet your requirements;

(ii) Its services will be uninterrupted, timely, secure, or error-free;

(iii) Its services will be uninterrupted, timely, secure, or error-free;

You acknowledge that it is not within the control of Insta Notified, Excelsus LLC. how or for what purposes its services are used and the allocation of risk in these terms is a reflection of the price paid for its services. If any exclusion in this service is determined to be invalid and Insta Notified, Excelsus LLC. becomes liable for damages or loss that may be lawfully limited then that liability will be limited to the amount paid by you for the services provided by Insta Notified, Excelsus LLC. . Insta Notified, Excelsus LLC. shall not be liable to the Client for any loss arising from any data, instructions, or material supplied, digitally or otherwise, by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or arising from late arrival or non-arrival or in the wrong form or any other fault by the client or on its behalf. Insta Notified, Excelsus LLC. is not responsible for any malfunction, delay, non performance and/or other degradation of performance of any of its services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the services already supplied. Any work so arising may result in additional charges. Insta Notified, Excelsus LLC. will make reasonable efforts to repair and reinstate service in the event of a failure, depending on the severity of said failure. If said failure is the result of an action performed by the Client or an agent of the Client to whom access to the servers was given then the Client shall be responsible for paying all costs associated with reinstating and/or repairing the server. Unavailability resulting from negligent failure of Insta Notified, Excelsus LLC. to deal with circumstances within its control and lasting for a total of 48 hours in any 30 day period will require Insta Notified, Excelsus LLC. (at its discretion) to either pay to you compensation limited to a credit for the amount paid by you for the unavailable service or a refund in that amount. Insta Notified, Excelsus LLC. or anyone else involved with the creation, production, or supply of its services will not be held liable to the Client or any other entity for any loss under Terms, tort (including breach of statutory duty or negligence) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind, or (ii) loss of contracts, profit, revenues, or anticipated savings, or (iii) damage to the reputation or goodwill of the Client, or (iv) loss resulting from any claim made by any third party, or (v) direct, indirect, special, or consequential damage or loss of any nature whatsoever, and Insta Notified, Excelsus LLC. shall be indemnified by the Client from and against any claim which may be made against Insta Notified, Excelsus LLC. in respect thereof. Limitation or Exclusion of implied warranties or of liabilities for incidental or consequential damages will not apply in jurisdictions that do not allow for such limitations or exclusions. Insta Notified, Excelsus LLC. shall not be liable for obligations that were prevented or delayed in or from performing under conditions due to circumstances beyond its control such as, but not limited to, riots, war, governmental acts, strikes, trade disputes (including with and by our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, fire, flood, explosion, or natural or local emergency.

7. Opt in Guarantee by Client. Clients of Insta Notified, Excelsus LLC. guarantee that all mobile numbers in their accounts are 100% opt-in, and recipients of text messages, MMS messages, voice messages, and emails recognize the sender and expect to receive said messages from him or her. Insta Notified, Excelsus LLC. reserves the right to request that the client submit written explanation of the method of collecting phone numbers and a guarantee signed by the client that all mobile numbers on his or her list have agreed to receive text messages and/or MMS messages from the client if it suspects that the list of numbers may not be 100% opt-in. In cases where Insta Notified, Excelsus LLC. suspects that a list is not 100% opt-in it reserves the right to take any action it thinks is appropriate, including but not limited to cancellation of the account.

8. Pricing. Insta Notified, Excelsus LLC. reserves the right to make adjustments to the pricing of its product/service offering. Insta Notified, Excelsus LLC may raise or lower its prices at anytime. In the event that Insta Notified, Excelsus LLC. makes significant alterations to its pricing, Clients will be notified at least 30 days in advance. Subscriptions to services are subject to acceptance by Insta Notified, Excelsus LLC. Insta Notified, Excelsus LLC. will deem Clients subscriptions to services acceptable when Insta Notified, Excelsus LLC. delivers a confirmation of the subscription to the Client. Insta Notified, Excelsus LLC. reserves the right to refuse to provide any service to anyone for any reason. Payment will be made to company through check, ACH, online credit card, or any other method set forth by Insta Notified, Excelsus LLC. The Client acknowledges and agrees that in the event of a charge back by a credit card company (or similar action by another payment provider) or other nonpayment by client in connection with payment for Insta Notified, Excelsus LLC services or subscription fee may result in suspension, cancellation, or termination of said services or subscription, in sole discretion of the company. If the Client's service is suspended, cancelled, or transferred prior to the end of the then-current service term, all fees paid are non-refundable in whole or in part. The Client acknowledges that Insta Notified, Excelsus LLC. is not obligated to make any refunds under any circumstances. . However, if the Client wishes to cancel their account, they will not be automatically billed from then on unless they re-instate the account. Should the Client cancel their account, the said account will be immediately terminated. Thereafter they will no longer have access to their account and they will lose any textwords (Keywords), subscribers and other data they originally had. To cancel an account, a Insta Notified, Excelsus LLC user must email [email protected] to make the cancellation request and include the following in the subject line: "Please Cancel Insta Notified Account". Please allow 48 hours to process the cancelation.

9. Unpaid products. Insta Notified, Excelsus LLC reserves the right to cancel, suspend, terminate and / or end service for any and all unpaid products or services that are deemed inactive or no longer in use.

10. Intellectual Property. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Insta Notified, Excelsus LLC., you agree not to sell license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or designed elements on this site is strictly prohibited without the express written permission of Insta Notified, Excelsus LLC. For information on requesting such permission, please contact us at [email protected]

11. Content Submitted To Traffic Insta Notified, Excelsus LLC. You grant to Insta Notified, Excelsus LLC. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submitted to any public areas of the Insta Notified, Excelsus LLC Site(s) (such as bulletin boards, forums and newsgroups) or by email to Insta Notified, Excelsus LLC. by all means and in any media now known or hereafter developed. You also grant to Insta Notified, Excelsus LLC. the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no legal recourse against Insta Notified, Excelsus LLC. for any alleged or actual infringement or misappropriation of any property right in your communications to Insta Notified, Excelsus LLC.

12. Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. You hereby consent to jurisdiction of the courts in the State of New York to resolve any disputes arising under this Terms of Use.

Agreement. You acknowledge that Insta Notified, Excelsus LLC.'s decision to provide Messaging Center service to you is contingent on your compliance with these terms and conditions, and that these terms and conditions, unless otherwise specified herein, constitutes the entire agreement between you and Insta Notified, Excelsus LLC. and supersedes all prior or contemporaneous communication between you and Insta Notified, Excelsus LLC. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

This policy may be amended at any time, at the discretion of Insta Notified, Excelsus LLC. You will be notified of any substantial changes via this Terms of Use page. If you have any questions, comments, clarifications, or ambiguities, or would like to report any violations the Insta Notified, Excelsus LLC's website (InstaNotified.com) please send us your feedback.