Terms of Use

SecureSender, Inc. ("we", "us", "our", or "SecureSender") is committed to creating a safe and secure environment for, you, the user of our products and services.

We have adopted and published these terms of use ("Terms of Use"), including the following list of prohibited activities, to assist our users in appreciating which actions will not be tolerated. The list is meant to be illustrative and thus is not exhaustive.

These Terms of Use apply only to activities users perform on our website, transactions for purchasing our services, and activities or communications that occur using our products and services (collectively known as the "Service") and do not apply to any other website or offline point of contact between SecureSender (or any other company) and our users. This policy was implemented on November 26, 2008, and may be amended or updated by us from time to time. We ask users to periodically review this page. Each time users use the Service or provide us with information, by doing so they are accepting the practices described in these Terms of Use at that time.

SecureSender Systems and Services

1. Violations of Applicable Law. The transmission, distribution, or storage of any material on our website or servers in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyrights, trademarks, trade secrets, or other intellectual property rights used without proper authorization, and material that is offensive, defamatory, constitutes an illegal threat, or violates export control laws.
2. Spam. The sending of any form of Unsolicited Bulk E-mail ("UBE" a/k/a "spam") through SecureSender's servers or the Service is prohibited. Likewise, the sending of UBE from another service provider advertising a website, e-mail address, or utilizing any resource hosted on SecureSender's servers, is prohibited. Our website and the Service may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider if those messages violate these Terms of Use or the terms of use of the other provider.
3. Unconfirmed Mailing Lists. Subscribing e-mail addresses to any mailing list without the express and verifiable permission of the e-mail address owner is prohibited. All mailing lists run by SecureSender customers using the Service must be closed-loop ("Confirmed Opt-in"). Purchasing lists of e-mail addresses from third parties for mailing to or from SecureSender, or referencing any SecureSender account, is prohibited.
4. Malicious Software. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these Terms of Use or the terms of use of any other Internet Service Provider, including, but not limited to, the facilitation of the means to send Unsolicited Bulk E-mail, initiation of pinging, flooding, mail-bombing, and denial of service attacks, is prohibited.
5. Unauthorized Access or Alterations. Unauthorized attempts by any user to gain access to any account or computer resource not belonging to that user (e.g., "cracking") is prohibited. Likewise, any unauthorized alteration, deletion, duplication, or destruction, or any attempt thereof, of any information on our website or in connection with our company or Service, particularly with regard to our customers or visitors, by any means or device is prohibited.
6. Access without Paying. It is prohibited for any user to obtain or attempt to obtain access to our website or to use or attempt to use the Service by any means or device with intent to avoid payment for such access or use.
7. Harassing Behavior. Knowing engagement in any activities designed to harass or meant to cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user, whether on the SecureSender network or on another provider's network, is prohibited.

Customer Responsibility

Every SecureSender customer is responsible for the activities of him or herself, as well as of his or her agents, affiliates, or representatives. By using the Service every SecureSender customer agrees abide by these Terms of Use and to ensure that such agents, affiliates, or representatives also abide by these Terms of Use.

Proprietary Information

The Service contains information that is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. No user may modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

Complaints

To report a complaint regarding the Service or other users, send an email detailing such complaint to webmaster@securesender.com. We will attempt to resolve any problems arising from such complaints in a timely and efficient manner.

Termination of Access

We may, in our sole discretion, terminate or suspend any user's access to all or part of the Service at any time, with or without notice, for any reason. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of any user's access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees that we may suffer from your activities on or use of the Service, including without limitation any breach by you of these Terms of Use or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Responsibility

We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, that may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension.

Binding Agreement

By using the Service, you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.

NO WARRANTIES, LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICE IS PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE GREATER OF EITHER THE USER'S AVERAGE WEEKLY COMPENSATION PAID TO US OR ONE HUNDRED DOLLARS ($100.00).

Severability

If any provision of these Terms or Use, or any portion thereof, shall be held to be invalid, illegal, or unenforceable for any reason whatsoever then the validity, legality, and enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired thereby; and to the fullest extent legally possible, the provisions of these Terms of Use shall be construed so as to give effect to the intent of any provision held invalid, illegal, or unenforceable.

No Waiver

Failure by SecureSender to enforce any provision of these Terms of Use shall not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach shall constitute a waiver of subsequent breaches.

Jurisdiction and Disputes

These Terms of Use and all matters arising out of or otherwise relating to hereto shall be governed by the laws in effect in the State of Florida, without regard to its conflict of law provisions. You and SecureSender hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida for resolution of all disputes. You and SecureSender hereby agree that exclusive venue for any litigation under this Agreement shall be with the state and federal courts located in Miami-Dade County, Florida.