Trustworthy Communication LLC (the “Company”) provides the KidMail
safe messaging service, software and website to you subject to
compliance with the notices, terms, and conditions set forth below
and elsewhere on the KidMail web site (including but not limited
to those in the KidMail
Acceptable Use Policy, and the KidMail
Software End User License Agreement). Any use by you of the
KidMail client software or the KidMail safe messaging service
constitutes acceptance of all such notices, terms, and conditions.
NOTE: This Agreement (and any agreement, rule, or policy
relating to the KidMail Software or KidMail Services) may be modified
by the Company at any time by publication through the KidMail.net
website or by sending each User an e-mail. YOU ARE RESPONSIBLE
FOR REGULARLY REVIEWING THE KIDMAIL.NET WEBSITE TO OBTAIN TIMELY
NOTICE OF SUCH MODIFICATIONS. YOU SHALL BE DEEMED TO HAVE ACCEPTED
SUCH MODIFICATIONS BY CONTINUING TO USE THE SITE AND ANY OF THE
KidMail SOFTWARE OR SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN
POSTED OR INFORMATION REGARDING SUCH MODIFICATIONS HAS BEEN SENT
Agreement (the “Agreement”) sets forth the terms and
conditions under which Trustworthy Communication LLC (the “Company”),
together with any affiliate of the Company and/or distribution
partner of the Company, agrees to provide the KidMail.net e-mail
account hosting service (hereinafter the “Service”)
to you on behalf of yourself and minors for whom you have legal
guardianship (collectively referred to as, “you” or
“Subscriber”). By completing the registration and
using the Service, You (i) agree that your use of the Service
is bound by the terms of this Agreement, and (ii) represent and
warrant that you are at least 18 years of age. If you do not agree
with the foregoing, you may not use the Service. This Agreement
takes effect on the date on which you accept this Agreement, and
continues until your subscription is terminated.
reserves the right to modify the terms of this Agreement or prices
for the Service and may discontinue or revise any or all other
aspects of the Service in its sole discretion at any time by posting
changes online. Your continued use of the Service after changes
are posted constitutes your acceptance of this Agreement as modified
by the posted changes. The updated, online version of this Agreement
shall supersede any prior version of this Agreement that may have
been included in any software or related materials provided by
Subscription. Your subscription entitles you to use the
Service. Your subscription is personal to you, you agree not to
assign, transfer, resell or sublicense your rights as a subscriber
unless specifically allowed by this Agreement. You agree that
you are solely responsible and liable for any and all breaches
of the terms and conditions of this Agreement, whether such breach
results from your use of the Service or by another using your
computer. You agree to contact Company immediately upon the occurrence
of any change in the status of your account (e.g., change in individuals
authorized to use your account) for the purpose of updating your
Payment Terms. The KidMail.net service is automatically
charged to your credit card or debit account on a recurring, cyclic
basis (the standard options are monthly, quarterly, and annually).
By selecting a subscription plan and providing your billing
information, you expressly agree to also allow us to take payment
automatically for all recurring fees, including applicable taxes.
You furthermore agree to pay fees that may be assessed for violation
of the Company's anti-spam policies. Recurring subscription fees
will be collected in advance of the service provision period.
If payment is not able to be processed on the due date or within
a reasonable length grace period, the Service may be terminated.
You may be required to pay a reconnect fee and/or a security deposit
in addition to all past due charges before the Service will be
Acceptable Use Policy. You agree to use the Services
strictly in accordance with the KidMail
Acceptable Use Policy
which may be modified by Company from time to time, and which
is incorporated herein by reference and made a part of this Agreement.
Without limiting the generality of the foregoing, Company
may terminate any user whom it determines is intentionally attempting
to evade our Acceptable Use Policies or if we believe that user’s
conduct violates other applicable law or is harmful to the interests
of KidMail, its affiliates, or other users, or for any other reason
in our sole discretion, with or without cause.
Communication Responsibility. You are solely responsible
and liable for all material that you e-mail, transmit or otherwise
make available via the Service. Company does not claim ownership
of material you e-mail or make available via the Service.
Links to Third Party Web Sites. In your use of the Service,
you may encounter various types of links that enable you to visit
web sites operated or owned by third parties (“Third Party
Site(s)”). These links are not under the control or ownership
of Company. The inclusion of any link to a Third Party Site is
not (i) an endorsement by Company of the Third Party Site, (ii)
an acknowledgement of any affiliation with its operators or owners,
or (iii) a warranty of any type regarding any information or offer
on the Third Party Site. Your use of any Third Party Site is governed
by the various legal agreements and policies posted at that Web
Monitoring and Removal of Content. Company is under no
obligation to monitor the Services. However, Company reserves
the right at all times and without notice to remove, restrict
access to, or make unavailable, any content on its servers that
it considers, in its sole discretion, obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable,
and to monitor, review, retain and/or disclose any content or
other information in Company’s possession about or related
to you, your use of the Services or otherwise as Company deems
necessary to satisfy any applicable law, regulation, legal process,
or governmental request.
Privacy. You agree that Company may collect and disclose
information concerning you and your use of the Service in the
which may be modified by Company from time to time, and which
is incorporated herein by reference and made a part of this Agreement.
No Spam or Other Unsolicited Bulk e-mail. Company may
immediately terminate any subscriber account that it determines,
in its sole discretion, is transmitting or is otherwise connected
with any “spam” or other unsolicited bulk e-mail.
In addition, if actual damages cannot be reasonably calculated,
you agree to pay Company liquidated damages of five dollars (U.S.
$5.00) for each piece of “spam” or unsolicited bulk
e-mail transmitted from or otherwise connected with your account.
Otherwise you agree to pay Company’s actual damages, to
the extent such actual damages can be reasonably calculated. Company
reserves the right to block, reject or remove what it considers
in its sole discretion to be “spam” or other unsolicited
bulk e-mail from the Service.
Termination and Surviving Obligations. Either party may
terminate this Agreement at any time with or without cause.
To serve notice of account termination,
Customer must utilize the account cancellation web page that is
prominently linked within his or her authenticated account details
page. Customer may also send written notice to the company. E-Mail
communication by Customer will not be deemed to be valid notice
of Termination unless authenticated by a digital signature.
If subject to the "Money Back Guarantee"
grace period of 30 days, you will receive a full refund of the
most recent pre-payment. You agree and understand that
the Company does not provide a refund for unused Services in the
event of cancellation following expiration of the money back guarantee
period. The Money Back Guarantee is applicable to new
accounts, but not to renewals.
You expressly agree that upon Termination, Company
is authorized to delete any files, programs, data and e-mail messages
associated with such account.
Disclaimer of Warranties and Limitation of Liability.
You expressly agree that Company is not responsible or liable
for any content, act or omission of any third party including,
without limitation, any threatening, defamatory, obscene, offensive,
or illegal conduct, or any infringement of another’s rights
including, without limitation, privacy and intellectual property
rights. It is possible that hackers may attack the KidMail.net
web system or intercept web communication across the Internet,
and thereby gain access directly or indirectly to personal information
and messages. Our Company makes a reasonable effort to protect
our systems, however web system vulnerabilities, database vulnerabilities,
and SPAM vulnerabilities are myriad and constantly evolving. There
can be no assurance that our system will not be compromised somehow
by a malicious or inadvertent attack. THE SERVICE IS PROVIDED
TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER
COMPANY, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS,
EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE OR FREE FROM VIRUSES, OBSCENITY, OR OTHER HARMFUL
OR MALICIOUS AGENTS. COMPANY DOES NOT WARRANT THAT ANY
DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED
FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS
AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS
FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED
AND DISCLAIMED. COMPANY AND ITS EMPLOYEES, REPRESENTATIVES AND
AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY
OR INDIRECTLY, FROM THE INSTALLATION OR USE, OF THE SERVICE, OR
COMPANY’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR
THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR
GROSS NEGLIGENCE OF THE COMPANY TECHNICIAN OR CUSTOMER SERVICE
REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY,
SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT,
COMPANY’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS
RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL
AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING
TWELVE MONTH PERIOD. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL
OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
COMPANY IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM
OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive
remedy under this Agreement are as expressly set forth herein.
Some states do not allow the exclusion or limitation of implied
warranties, so the above exclusions or limitations may not apply
Indemnification. You agree to indemnify and hold Company,
its parents, subsidiaries, members, affiliates, officers and employees,
harmless from any claim, demand, or damage, including costs and
reasonable attorneys' fees, asserted by any third party due to
or arising out of your use of or conduct on the KidMail system.
Company will notify you within a reasonable period of time of
any claim for which Company seeks indemnification and will afford
you the opportunity to participate in the defense of such claim,
provided that your participation will not be conducted in a manner
prejudicial to Company’s interests, as reasonably determined
Management of Network. Company reserves the right to
manage its network for the greatest benefit of the greatest number
of subscribers including, without limitation, the following: rate
limiting, rejection or removal of “spam” or otherwise
unsolicited bulk e-mail, traffic prioritization, and protocol
filtering. You expressly accept that such action on the part of
Company may affect the performance of the Service. Company reserves
the right to enforce limits on specific features of the Service
including, without limitation, e-mail storage maximums.
Copyright and Trademark Notices. Copyright © 1994-2003
Trustworthy Communication LLC. Any rights not expressly granted in this
Agreement are reserved for the exclusive use of Trustworthy Communication LLC. KidMail, the KidMail logo, the KidMail character, "e-mail
for Kids" and “The Safe Messaging Service” are
the exclusive trademarks of Trustworthy Communication LLC.
14. Governing Law
and Jurisdiction. This Agreement
shall be exclusively governed by, and construed in accordance
with, the laws of the State of Washington. All disputes arising
out of or related to this Agreement and the Service must be brought
in a federal or state court located in the state of Washington,
King County. You consent to the personal jurisdiction of such
courts located in the state of Washington. You waive all rights
to bring any claim, suit or proceeding more than one (1) year
after the date the cause of action arose.
15. Notices to
Company. Any notices to Company or questions about the
Subscription Agreement and use of the services can be directed
to the following address:
Director of KidMail Subscriptions
Trustworthy Communication LLC
15127 NE 24th Street, Suite 468
Redmond, Washington, U.S.A. 98052
This Agreement constitutes the entire agreement and understanding
between the parties with respect to its subject matter and supersedes
and replaces any and all prior written or oral agreements. In
the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intentions
of the parties and the remainder of its provisions shall remain
in full force and effect. Nothing contained in this Agreement
shall be construed to limit Company’s rights and remedies
available at law or in equity. Company’s failure to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. This Agreement
may not be assigned or transferred by you. This Agreement is freely
assignable by Company to third parties.