CERTEMAIL TERMS OF USE

These terms of use ("terms of use") for the CertEmail.com service (the "service") constitute a legally binding agreement between the operator of the service ("operator") and you ("you"). These terms of use are the complete and exclusive statement of the terms and conditions regarding use of the service.
By selecting "I Agree", creating an account, using the service or signifying acceptance in any other way, you agree to be bound by these terms of use. If you do not agree with all of these terms of use, you are not authorized to use the service and you must discontinue any further use.
We encourage you to review this document and familiarize yourself with its provisions.

1. The Service.
The Service provides users with a powerful certified e-mail solution that tracks, certifies and secures correspondence between the sender and the recipient. It notifies the sender when e-mail is received and viewed, marks e-mails with timestamps and date stamps, uses digital certificate technology as proof of delivery, and offers advanced features including self-destructing e-mail.

The Service is provided to individuals who are at least 18 years old or those who have parental permission to open and maintain an account.

You may review frequently asked questions regarding the Services by reviewing our FAQs. You are responsible for and must provide all equipment and Services (including Internet access) required for access to and use of the Service.
The Operator of the Service is ReadNotify.com Pty Ltd;

Operator reserves the right at any time and from time to time to modify, restrict or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2. Registration, Password and Security.
Certain aspects of the Service may require You to first create an account, obtain a login name and password, and/or provide billing information. You must provide accurate, complete and current information, and must update this information promptly if it changes. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of Your account.

You are solely responsible for maintaining the confidentiality of Your login name and password. You must immediately notify Operator of any unauthorized use of Your login name and You are responsible for any unauthorized activities, charges and/or liabilities made on or through Your login name until we receive such notification. You may not transfer or lend login names to any third party.

You may terminate Your account at any time, with or without cause. Operator may suspend or terminate Your account, without notice, in the event of any breach by You of these Terms of Use. Suspension or termination of Your account means that You will no longer have access to the Service. Neither Operator nor its providers shall be responsible for any consequences of such lack of access. The provisions of these Terms of Use will survive the suspension or termination of Your account.

3. Conduct.
You may access and use the Service for lawful purposes only and You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to Your use of the Service, including Operator's applicable Service Privacy Policy Statement, which is hereby incorporated by reference and made a part of these Terms of Use.

You agree that You will not (i) use the Service to violate any local State, Federal or international law or regulation or encourage conduct that would constitute such a violation or give rise to a civil liability; (ii) interfere with or infringe any intellectual or proprietary rights of any other party, including, for example, copyrights, trademarks, service marks, and patents; (iii) interfere with the ability of other users to access or use the Service; (iv) interfere with or disrupt the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (v) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the Service; (vi) transmit, or otherwise facilitate the transmission by anyone, of unsolicited, erroneously labeled and/or intentionally deceptive e-mail messages (e.g., "spam" or "junk mail"); (vii) copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Service, including content, in whole or in part; or (viii) "mirror" the Service or any content on any other server.

4. Fees.
As consideration for the Service, You agree to pay Operator, or its agents or subcontractors, as the case may be, the required fees, if any. Operator, or its agents or subcontractors, may take all remedies to collect fees owed. Some Service charges may be payable in advance and may reflect the fee for annual subscriptions. Payment for Services rendered is not subject to offset by You for any reason.

If payment method is by credit card, then You agree that Operator may, at its option, accumulate charges incurred during the billing cycle and submit them as one or more aggregate charges during or at the end of each cycle. It is Your responsibility to keep Operator informed of changes to Your billing information (e.g., billing address, credit card/account number, and expiration date). You agree to remit payment for Services rendered in a way defined by Operator, or its agents if Your credit card issuer refuses any such charges.

If your account is suspend or terminated for any reason, Operator shall, at its own discretion, refund the unused portion of Your advanced payment for Service.

5. Proprietary Rights.
You acknowledge that the Service, any underlying technology used in connection with the Service, and all content available within the Service are proprietary to Operator, and may be protected by international laws and treaties covering intellectual property rights, including copyrights. Authorized users of the Services are licensed to use the Service only in accordance with these Terms of Use, or as may be posted on the Service. You are not otherwise granted any other rights with respect to any part of the Service.

6. Links.
Operator may, from time to time, link to other web sites from our website as part of the Service. Some of these links may lead to sites posted by third parties. Because Operator has no control over these sites, it cannot be responsible for such sites' accessibility via the Internet and does not necessarily endorse products, services, or information provided by such sites. As such, Operator 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 or reliance on any content, goods or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Operator and the linked sites.

7. Disclaimer of Warranty.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER OPERATOR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, SUPPLIERS, DISTRIBUTORS, OR SUBCONTRACTORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE.

THE SERVICE IS PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

8. Limitation of Liability.
IN NO EVENT WILL OPERATOR OR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, SUPPLIERS, DISTRIBUTORS, OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY OR ATTRIBUTED TO “ACTS OF GOD”, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONAL RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS ON LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK.

IN NO EVENT SHALL OPERATOR OR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, OR SUBCONTRACTORS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES.

IN NO EVENT WILL OPERATOR OR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, OR SUBCONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE.

9. Indemnification.
You agree to indemnify and hold harmless Operator and its parents, subsidiaries, shareholders, members, officers, directors, employees, affiliates, agents, vendors, suppliers, distributors, and subcontractors from any claim or demand, including reasonable attorney's fees, made by you or any third party in connection with the Service, or due to or arising out of Your use of the Services or Your breach of these Terms of Use.

10. Termination.
These Terms of Use will continue to apply to all past use of the Services by You, even if You are no longer using the Services. You acknowledge and agree that Operator may terminate, block or suspend Your use of all or part of the Services without prior notice for any reason, including, without limitation, if Operator believes You have engaged in conduct prohibited by these Terms of Use, including any applicable Privacy Policy Statement. You agree that upon termination or discontinuance for any reason, Operator may delete all information related to You on the Service and may bar Your access to and use of the Services.

11. Governing Law.
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.

12. Changes to the Terms of Use.
Operator reserves the right to modify the Terms of Use at any time. Any modifications shall be effective upon the posting of the modified Terms of Use on Operator's Web site, whose URL is http://www.certemail.com/pmterms.asp. You agree to review these Terms of Use periodically so that You are aware of any modifications. Your continued use of the Services shall be deemed Your acceptance of the modified Terms of Use.

13. Severability.
In the event that any provision of these Terms of Use is unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decision.

14. No Third Party Beneficiaries.
These Terms of Use shall not be deemed to create any rights in third parties.

15. Subcontractors.
In the course of providing the Services, Operator may retain independent contractors or assign or subcontract to or otherwise have any third party perform any or all of the Services at any time, provided that Operator shall continue to remain responsible for full performance of any such duties to the same extent as if it had performed the Services itself.

Subcontractors who sell Services provided by Operator are called Resellers. Operator or its agent can contract with Resellers for special conditions to provide Service, registration, customer management, and payment collection, and such definitions do not always follow the above articles.

16. Entire Agreement.
These Terms of Use, including any applicable Privacy Policy Statement, completely and exclusively state the agreement between You and Operator regarding the subject matter, and supersede all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms of Use.