SECURENYM TERMS OF SERVICE
By using SECURENYM you agree to the following Terms of Service. Please read them carefully. You must click on the "I agree" button at the bottom of this page to continue.
Summary of Terms of Service
A.You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.
B.You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", mailing lists (click here for definition of "mailing lists"), or any other unsolicited mass distribution of email.
C.You agree that SECURENYM, Its EMPLOYEES and their designees may in their sole discretion terminate your account if they believe you have in any way violated the Terms of Service.
E.Please report any violations of the Terms of Service to admin@securenym.net.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The SECURENYM service (the "Service"), owned by SECURENYM, INC., is provided to you ("User") under the terms and conditions of this SECURENYM Terms of Service and any amendments thereto and any operating rules or policies that may be published from time to time by SECURENYM. The TERMS OF SERVICE comprises the entire agreement between User and SECURENYM and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE ACCOUNT CREATION PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE.
II. DESCRIPTION OF SERVICE
SECURENYM is providing User with the capability to send and receive secure electronic mail via the SECURENYM system. User must: (a) provide for User's own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem.
III. SUBSCRIPTION DATA
SECURENYM does not retain any registration data. While might be possible to determine, through credit card records, that someone subscribed for SECURENYM services, it is absolutely impossible for anyone to match that payment information with any user's account information.
IV. MODIFICATIONS TO TERMS OF SERVICE
SECURENYM may make changes to the Terms of Service at any time without notice.
V. MODIFICATIONS TO SERVICE
SECURENYM reserves the right to make improvements and/or changes to the Service at any time without notice. User agrees that SECURENYM and its EMPLOYEES shall not be liable to User or any third party for any modification of the Service.
VI. SECURENYM PRIVACY POLICY
SECURENYM considers email transmitted via the Service to be the private correspondence between the sender and recipient. SECURENYM does not monitor, edit or disclose the contents of a User's private communications, under any circumstances, nor do we log traffic, IP addresses, or anything other than very limited server error messages.
a.User understands and agrees that technical processing of email communications is required (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Service; or (d) to conform to other, similar technical requirements.
b.User acknowledges and agrees that SECURENYM and Its EMPLOYEES do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
VII. MEMBER ACCOUNT, PASSWORD AND SECURITY
Each user will create a password and account designation upon completing the subscription process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's password or account. User agrees to immediately notify SECURENYM of any unauthorized use of User's password or account or any other breach of security.
VIII. SUBSCRIBER CONDUCT
User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. User agrees to be solely responsible for the contents of User's transmissions through the Service.
User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
***User agrees not to use the Service to receive traffic from mailing lists or 'groups' which create excessive traffic. User agrees NOT use SecureNym to receive large numbers of graphics-based group mailing list files.
User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to computer systems or networks connected to the Service. (e) Finally, User agrees not to transmit "junk mail", "spam", "chain letters", mailing lists or any other unsolicited mass distribution of email.
IX. INDEMNITY
User agrees to indemnify and hold SECURENYM and Its EMPLOYEES, and their parents, subsidiaries, affiliates, officers, and EMPLOYEES, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's connection to the Service, User's violation of the TERMS OF SERVICE, or User's violation of any rights of another.
X. NO RESALE OF SERVICE
User agrees not to resell the Service or use of or access to the Service.
XI. EMAIL STORAGE, SENDING MESSAGES, LIMITATIONS
SECURENYM and its EMPLOYEES assume no responsibility for the deletion or failure to store email messages. SECURENYM will not allow message storage to exceed fifty (50) megabytes for any individual User. SECURENYM will not send or receive any message larger than eight (8) megabytes, including any attachments. SECURENYM will not send any message addressed to more than twenty (20) recipients total, including To:, Cc:, and Bcc: fields..
XII. TERMINATION
User agrees that SECURENYM or Its EMPLOYEES may terminate User's password, account or use of the Service if SECURENYM or its EMPLOYEES believe (a) that User has violated or acted inconsistently with the letter or spirit of the TERMS OF SERVICE, or (b) that User has violated the rights of SECURENYM or Its EMPLOYEES or other Users or parties. User further agrees that SECURENYM or its EMPLOYEES may terminate User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by SECURENYM from time to time which period shall not be less than two months.
User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreeement may be effected without prior notice, and acknowledges and agrees that SECURENYM may immediately delete email files in User's account and bar any further access to such files or the Service.
XIII. LINKS
The Service may provide, or Users may include in email, links to other Web sites or resources. User acknowledges and agrees that SECURENYM and Its EMPLOYEES are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees that SECURENYM and Its EMPLOYEES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
XV. SECURENYM'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in information presented to User through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by SECURENYM or the specific copyright holder, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
XVI. DISCLAIMER OF WARRANTIES
SECURENYM AND ITS EMPLOYEES 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 AND NON-INFRINGEMENT.
SECURENYM AND ITS EMPLOYEES MAKE NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, OR ERROR FREE.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM SECURENYM OR ITS EMPLOYEES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XVII. LIMITATION OF LIABILITY
USER AGREES THAT SECURENYM AND ITS EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SECURENYM OR ITS EMPLOYEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT SECURENYM AND ITS EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
XVIII. NOTICE
Any notice to User or to the Service shall be made via either email or regular mail. The Service may also provide notices of changes to the TERMS OF SERVICE or other matters by displaying notices to Users generally on the Service.
XIX. GENERAL
The TERMS OF SERVICE and the relationship between User and SECURENYM and Its EMPLOYEES shall be governed by the laws of the United States, without regard to its conflict of law provisions. User and SECURENYM and Its EMPLOYEES agree to submit to the personal and exclusive jurisdiction of the courts located within the United States.
The failure of SECURENYM and Its EMPLOYEES to exercise or enforce any right or provision of the TERMS OF SERVICE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF SERVICE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS OF SERVICE remain in full force and effect.
Users agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS OF SERVICE must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO BE BOUND BY ALL OF ITS TERMS.