Print

		       ZSENTRY MAIL (ZMAIL) TERMS OF SERVICE -- PREMIUM

This agreement (the "AGREEMENT") is a legally binding agreement between You, an individual
or a single entity ("the CLIENT"), and NMA, Inc. ("NMA") that sets forth the terms and
conditions of Your PREMIUM Account for Your use of NMA ZSENTRY Mail Service (the
"SERVICE"). NMA licenses the SERVICE to You upon the express condition that You accept all
of the terms and conditions in this AGREEMENT. NMA may at any time and without notice to
You, change the terms of this AGREEMENT. A current copy of the terms and conditions may be
found on our web site at zsentry.com (the "SITE").  Please read the AGREEMENT carefully
before using the SERVICE.  By clicking on the "SUBMIT" button at the Web page showing this
AGREEMENT for your consideration, and as confirmed by Your use of the SERVICE when You
login for the first time, You unconditionally agree to be bound by the terms and
conditions of this AGREEMENT.

1.  IDENTITY REPRESENTATION. You represent, under penalty of perjury, that all the
information provided by You when You register to use the SERVICE is correct, accurate and
legally yours to use as Your personal and business identifiers for the SERVICE. You may
declare a pseudonymous identity for Your NAME, EMAIL ADDRESS and SUBSCRIBER NAME /
ORGANIZATION, only, provided that You conform to all provisions of this AGREEMENT. In
particular, You shall not create a false identity for the purpose of misleading others as
to Your identity or anything related to a message, including but not limited to source and
contents. Minors cannot use the SERVICE unless they have parental consent to open and
maintain an Account. We reserve the right to verify Account eligibility and identity
representations at any time.

1a. NAME PROTECTION POLICY. If elements of Your NAME, EMAIL ADDRESS or SUBSCRIBER NAME /
ORGANIZATION match elements of certain NAMES, ORGANIZATIONS or EMAIL ADDRESSES, that are
registered with us or have been subject of abuse, the SERVICE may require your
justification to use those identifiers, for our review. This policy is necessary to help
protect our users, including You, from abuse, spam, spoofing and phishing.

2.  PREMIUM ACCOUNT. Your PREMIUM ACCOUNT is provided to You (the "PREMIUM USER") for
commercial and non-commercial use, to read and send messages using the SERVICE.  You are
either the ACCOUNT MANAGER or an ACCOUNT USER, as defined when You register to use the
SERVICE, with the following roles:

2.a. ACCOUNT MANAGER. The ACCOUNT MANAGER manages the PREMIUM ACCOUNT, as the sole entity
responsible for the PREMIUM ACCOUNT on behalf of a SUBSCRIBER / ORGANIZATION.

2.b. ACCOUNT USER. An ACCOUNT USER is invited and approved by the ACCOUNT MANAGER to join
the PREMIUM ACCOUNT under the ACCOUNT MANAGER's exclusive responsibility and management.

2.c.  COMMERCIAL USE AND RESALE RIGHTS. The ACCOUNT MANAGER is authorized by NMA to re-
sell the use of the PREMIUM ACCOUNT to the ACCOUNT USERS, under the conditions of this
AGREEMENT and at the ACCOUNT MANAGER's own risk. Any unauthorized commercial use of the
PREMIUM ACCOUNT, or any other sale of its services, is expressly prohibited.

3.  LOGIN DATA. Your Usercode, Return Code and Password are called Your "LOGIN DATA". YOU
UNDERSTAND THAT YOU ARE THE ONLY HOLDER OF THE LOGIN DATA THAT GRANTS ACCESS TO YOUR
ACCOUNT. You agree to keep Your LOGIN DATA confidential and to inform NMA promptly upon
the unintended and/or undesired disclosure of any portion of such information.

3.a. LOGIN DATA STORAGE AND RECOVERY. To recover Your LOGIN DATA in case of loss, your
LOGIN DATA can be stored encrypted by the SERVICE, using a key derived from a question and
answer that You define. YOU AGREE THAT THE SERVICE IS NOT RESPONSIBLE OR LIABLE FOR ANY
FAILURE TO PROTECT OR RECOVER THE LOGIN DATA.

4.  USER KEYS.  When You log in the SERVICE calculates a unique set of cryptographic keys
(Your "USER KEYS"). YOU UNDERSTAND THAT UNLESS YOU CAN LOG IN, YOUR USER KEYS AND ANY DATA
ENCRYPTED WITH THEM ARE NOT AVAILABLE.

5.  USER DATA. The SERVICE assigns to You an area for user data storage, such as the
contacts in your Address Book. Data stored in this area is encrypted using one or more
USER KEYS. YOU UNDERSTAND THAT UNLESS YOU CAN LOG IN, YOUR USER DATA IS NOT AVAILABLE.

6.  MESSAGE DATA. The SERVICE does not offer message data storage, except for transient
buffers when a message is in queue for transmission. Some email messages may not be sent
due to space constraints or outbound message limitations. YOU AGREE THAT THE SERVICE IS
NOT RESPONSIBLE OR LIABLE FOR THE DELETION OR FAILURE TO SEND MESSAGES OR OTHER
INFORMATION.

7.  MESSAGE POLICY AND WARNING. You alone are responsible for the content of Your messages
and USER DATA, and the consequences of any such messages and data.  You agree You will not
use the SERVICE to send any messages that are unlawful, harassing or encourages conduct
that could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or regulation. You
expressly consent and are advised that if there is evidence of criminal activity when
registering for and/or using the SERVICE, system personnel may provide the evidence to law
enforcement officials.

7a. SPAM. YOU AGREE THAT YOU WILL NOT USE THE SERVICE FOR SENDING SPAM. Without
limitation, the word spam as applied to the SERVICE and email messages means Unsolicited
Bulk Email. Unsolicited means that the recipient has not granted verifiable permission for
the message to be sent. Bulk means that the message is sent as part of a larger collection
of messages, all having substantively identical content. For the purposes of this
AGREEMENT and as a non- limiting example, a message is spam if it is BOTH Unsolicited and
Bulk Email. Unsolicited email may be normal email (examples include first contact
inquiries, job inquiries, and sales inquiries). Bulk email may be normal email (examples
include subscriber newsletters, discussion lists, information lists, and update
announcements).

7b. SPAM PENALTY. Notwithstanding other penalties and civil or criminal procedures,
sending SPAM messages using the SERVICE will be penalized at the cost of $1.00 for the
first message, $2.00 for the second message, $3.00 for the third message and so on.

8.  PREMIUM ACCOUNT TERMINATION. The SERVICE may terminate Your access to the PREMIUM
account and any related service(s) at any time, according to this AGREEMENT, with or
without notice, effective immediately. Upon termination, the SERVICE shall allow You to
login for one time within a period of 15 days in order to retrieve yourself the contents
of Your Account. Otherwise, the SERVICE has no obligation to make available, store or
forward to You the contents of Your PREMIUM Account.

9.  RESTRICTED LICENSE.  Subject to the terms and conditions of this AGREEMENT, NMA hereby
grants to CLIENT (and CLIENT accepts) a non-exclusive, non-transferable license to access
and use the SERVICE.  NMA hereby reserves all rights not expressly granted to CLIENT.
CLIENT may not reverse engineer, decompile, disassemble, or otherwise attempt to discern
the source code (i.e., the human-readable form of any computer programming code) ("Source
Code") of the components of the SERVICE, or create derivative works based thereon.

10.  INTELLECTUAL PROPERTY RIGHTS.  It is hereby understood and agreed that as between NMA
and CLIENT, NMA is the owner of all rights, title and interest, including all Intellectual
Property Rights to the SITE, SERVICE and any comments, suggestions, ideas, graphics,
questions or other information submitted by CLIENT about the SITE or the SERVICE
("SUBMISSIONS").  NMA shall be entitled to use such SUBMISSIONS for any commercial or
other purpose whatsoever without compensation to CLIENT or anyone else.

11.  COPYRIGHT NOTICE. The contents of this entire site http://zsentry.com are Copyright,
NMA Inc., 2006. All rights reserved, worldwide. NMA authorizes you to view, copy, print
and use documents published by the SERVICE on the Web, or sent to you by email or
otherwise, as part of the SERVICE. This includes the Usercode and the Return Code provided
to you when you register to use the SERVICE. Except as stated herein, no part of this Web
site may be reproduced, stored in any retrieval system, or transmitted in any form or by
any means, electronic, mechanical, printing, photocopying, recording, or otherwise.

12.  TRADEMARK. Titles, logos, service and product names used to provide the SERVICE are
trademarks of NMA, Inc., including NMA, ZSENTRY, ZSENTRY Mail, ZMAIL, ZPAY, ZMAIL is Easy
Mail, Password Peek, Usercode Peek and Show Answer. Except as provided for under this
AGREEMENT, any reproduction of any of these marks without the express written consent of
NMA is strictly prohibited. Other marks are the property of their respective owners.

13.  NO OTHER LICENSE. Nothing contained herein shall be construed as conferring by
estoppel, implication or otherwise any license or right under any trademark of NMA or any
third party. Except as provided above, nothing contained herein shall be construed as
conferring any license or right under any NMA copyright.

14.  PRIVACY POLICY LIMITATIONS.  NMA shall not disclose any personal information about
CLIENT use of the SERVICE, as stated in this AGREEMENT, except to comply with applicable
law or valid legal process or to protect the personal safety of our users or the public.

15.  BILLING POLICY, PAYMENT AND RETURN POLICY.  CLIENT is responsible for paying all fees
and charges (plus applicable taxes) associated with use of the SERVICE as such fees become
due. Unless otherwise stated in writing from NMA, CLIENT must provide a valid, approved
credit or charge card for payment of all fees and charges prior to the month during which
CLIENT wishes to access and/or use the SERVICE. Except as otherwise provided in this
Agreement, all fees and charges are non- refundable.

15.a. RETURN POLICY.  Our goal is total customer satisfaction. We want You to be pleased
with our SERVICE and it is important to us to ensure Your full satisfaction. If You are
not fully satisfied you may request a full refund or credit within 7 (seven) days of your
first login. Please allow 10 business days for processing, from the date the refund
request is confirmed in writing by NMA.

15.b. BILLING AND ACCOUNTING CYCLES. Our billing cycle is 3 months for single-user PREMIUM
SERVICE accounts and monthly for other PREMIUM SERVICE accounts, billed recurrently. Our
accounting cycle begins on the 1st (first) of each month.  Charges for new accounts are
prorated. Charges for terminating accounts are not prorated.

15.c. DELINQUENT ACCOUNTS. Delinquent accounts are those that remain unpaid at the
beginning of the next accounting cycle. Accounts that are delinquent by one accounting
cycle are put on "hold" status and may not be used.

15.d. ACCOUNT TERMINATION. Unless the account is terminated, by You or by us as defined in
this Agreement, accounts are charged at the beginning of every billing cycle. Accounts
also accrue charges while they are on hold status. To prevent charges, accounts must be
terminated before their next billing cycle.

15.e. SERVICE RECONNECTION. There is a reconnection charge equal to one half the currently
charged monthly rate to reactivate accounts that are placed on hold status.

15.f. CREDIT CARD CHARGEBACKS. Invalid chargebacks can result in immediate account hold or
termination without notice.

15.g. RETURNED / DECLINED CHECKS. Checks returned for insufficient funds will be charged a
penalty plus any fees incurred by NMA and can result in immediate account hold or
termination without notice.

15.h. EQUIPMENT AND USE.  You are solely responsible for acquiring and maintaining all
computer hardware and software, telephone, and other equipment, and all communications and
other services needed for access to and use of the SERVICE. NMA reserves the right at any
time and for any reason to modify or discontinue any aspect or feature of the SERVICE,
including, but not limited to, the SERVICE's content, functionality, and the equipment to
access or use the SERVICE.

16. NMA WARRANTIES.  THE SERVICE IS FURNISHED "AS IS".  NMA MAKES, AND YOU RECEIVE, NO
WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU IN REGARD TO THE
SERVICE.  NMA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND
NON- INFRINGEMENT, ANY WARRANTY THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR
ERROR FREE, AND/OR THE FAILURE TO PROVIDE ADEQUATE SUPPORT FOR THE SERVICE.  NMA DOES NOT
WARRANT THAT THE SERVICE IS FREE OF INACCURACIES, ERRORS, BUGS, INTERRUPTIONS OR OTHER
PROGRAM LIMITATIONS.  NOR DOES NMA WARRANT THAT THE SITE, OR SERVER THAT MAKES IT
AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE ENTIRE RISK ARISING OUT OF
THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU, AND YOU AGREE TO ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR
OTHER HARMFUL COMPONENTS.

  YOU SPECIFICALLY AGREE THAT NMA SHALL NOT BE RESPONSIBLE FOR THE UNAUTHORIZED ACCESS TO
  OR ALTERATION OF YOUR TRANSMISSION(S) OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR
  NOT SENT OR RECEIVED, ANY TRANSMISSION(S) ENTERED IN THROUGH THE SERVICE, ANY EXPENSES,
  DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION,
  DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
  FAILURE, THEFT OR DESTRUCTION OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, STRICT
  LIABILITY, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.  YOU ALSO
  AGREE THAT NMA IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR
  ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
  INCLUDING INTELLECTUAL PROPERTY RIGHTS.

17.  NOT FAULT TOLERANT. THE SERVICE MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND
IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN
WHICH FAILURE OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL,
PROPERTY OR ENVIRONMENTAL DAMAGE.

18. LIMITATION OF SERVICE LIABILITY.  You acknowledge that the operation and availability
of the communications systems, including, without limitation, telephone service, computer
networks and the Internet, used for accessing and interacting with the SERVICE can be
unpredictable and may, from time to time, interfere with or prevent access to or operation
of the SERVICE.  You acknowledge that NMA is not responsible for any such interference
with or prevention of Your use of or access to the SERVICE.

18.a. LIMITATION OF SUPPLIER LIABILITY. Likewise, no SUPPLIER (including, but not limited
to, NMA) shall be liable for any indirect, punitive, special, incidental, or consequential
damages (including damages for loss of business, loss of data or profits or investment, or
the like), in any way connected with the use or performance of the SERVICE, with the delay
or inability to use the SERVICE, the provision of or failure to provide the SERVICE, or
for any information, software, products, service and related graphics obtained through the
SERVICE, or otherwise arising out of the use of the SERVICE, whether based on breach of
contract, breach of warranty, tort (including negligence, product liability or otherwise),
cost of cover, or any other pecuniary loss arising out of the use of or inability to use
the SERVICE or the failure to provide support therefore, even if NMA or any of the other
SUPPLIERS have been advised of the possibility of such damages and even if a remedy set
forth herein is found to have failed of its essential purpose.  In any case, no SUPPLIER
shall be liable under this AGREEMENT for more than the amount CLIENT actually paid to NMA
for the SERVICE.

19. INDEMNIFICATION.  You agree to indemnify and hold harmless each and every SUPPLIER,
and their respective affiliates, officers, directors, employees, consultants, agents,
licensees and licensors from any claim, demand, or damages, including reasonable
attorneys' fees, asserted by any third party due to, arising out of, or in any way related
to, the use of the SERVICE under Your Account.  As used in this AGREEMENT, "affiliate"
means any entity that controls, is controlled by, or is under common control with the
named entity.

20. GOVERNING LAW/JURISDICTION.   This AGREEMENT shall be governed by and construed under
the laws of the State of California, without reference to principles of conflict of laws,
and any action brought by the Parties to enforce or interpret any provision of this
AGREEMENT shall be brought exclusively in an appropriate state court in Marin County or
federal court in the Northern District of California, San Francisco Division.  The Parties
hereby consent to such jurisdiction and waive any objection to such venue.

21. GENERAL.  This AGREEMENT sets forth the entire agreement and understanding of the
parties relating to the subject matter herein and merges and supersedes all prior
agreements, writings, commitments, discussions and understandings between them.

YOU HEREBY RECOGNIZE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE
BOUND BY THE AGREEMENT'S TERMS AND CONDITIONS.