February 15, 2017
Thanks for using our products and services ("Services"). The Services are provided by SecurEmail, LLC ("CheckTLS"), located at 3539 Holly Avenue, Cincinnati, OH 45208, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Using our Services
You must follow any policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Our Services are powerful tools for testing email and other Internet services. They can be used to probe and in some cases circumvent security. Other than where you have permission to do so, you may not use the Services to attempt to:
- cause harm or disrupt the service of others
- probe or access the service of others
- monitor or capture data or traffic
- forge data, headers, or traffic
- breach or circumvent any system or network security measures
- operate or distribute malware
- send unsolicited email (SPAM)
CheckTLS does not monitor your use of the Services. We have no practical abiliity to stop you ahead of time from doing something bad. Accordingly, CheckTLS does not assume liability to subscribers or others for any failure to enforce the terms of this Policy.
The Internet is known as a "shared resource", and our Services operate using these resources. Excessive use or abuse of our Services or these shared resources by one user may have a negative impact other users and is not allowed.
Most of our Services are accessible on our web site without a Subscription, i.e. at no charge. This does not mean they are free for anyone to use. If you receive value from using our Services, you should pay for it.Non-subscribers may access our Services for their private, non-commercial use. Commercial use of our Services is limited to Subscribers only. Non-subsribers must limit their use so as to not affect Subscribers. We may limit the speed or capacity of non-subscribers at any time.
Non-subscribers may only access our Services from a browser on their PC. Webservice and webservice-like access to our Services by non-subscribers is forbidden. Simply put, you may not use our Services in an automatic manner without a Subscription.
You may need a CheckTLS Subscription in order to use some of our Services. You may create your own CheckTLS Subscription, or your CheckTLS Subscription may be assigned to you by an administrator, such as your employer or educational institution. If you are using a CheckTLS Subscription assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your CheckTLS Subscription, keep your password confidential. You are responsible for the activity that happens on or through your CheckTLS Subscription. If you learn of any unauthorized use of your password or CheckTLS Subscription, change your password immediately.
Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we'll be sorry to see you go. CheckTLS may also stop providing Services to you, or add or create new limits to our Services at any time. If you have a significant prepaid Subscription amount when you stop using our Services, you may request that we refund the prepaid amount.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CHECKTLS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, CHECKTLS, AND CHECKTLS'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CHECKTLS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, CHECKTLS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify CheckTLS and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between CheckTLS and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Ohio, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Hamilton County, Ohio, USA, and you and CheckTLS consent to personal jurisdiction in those courts.
For information about how to contact CheckTLS, please visit our contact page.