ZSENTRY (ZMAIL) TERMS OF SERVICE -- BASIC
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 BASIC Account for Your use of NMA ZSENTRY 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").
You are asked to read and be familiar with this AGREEMENT and references before you use the
SERVICE; in case of any questions, check the SERVICE guides online at the Support Center, the
screen-by-screen icons, or request a Support Ticket. Regulatory compliance terms, including the
ZSentry Compliance Statement, and HIPAA Business Associate Agreement if applicable, are
incorporated herein by reference according to copies available in the SITE. If You use the
Service, and as confirmed by Your use of the SERVICE after the first time, You unconditionally
agree to be bound by the terms and conditions of this AGREEMENT.
1. IDENTITY REPRESENTATION. You (the "ACCOUNT USER") 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 identifiers for the SERVICE. You may
declare a pseudonymous identity for Your NAME and EMAIL ADDRESS, only, provided that You
conform to all provisions of this AGREEMENT. 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 ACCOUNT 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. BASIC ACCOUNT. You shall use the SERVICE at no charge through a
BASIC account (also called Plan "R") . You shall be able to read, reply, send and store
messages, as restricted in the subsections.
2.a. If your EMAIL ADDRESS uses your employer's or organization's domain name, Your use of
the BASIC account is not considered personal use. You can use the BASIC ACCOUNT up to 60
days, for test purposes only.
2.b. There is no daily limit to read and store messages that are sent to You using the SERVICE.
2.c. There is no daily limit to reply to a PREMIUM user that sent You a message using
2.d. Up to the limit of 5 (five) messages a day, non-cumulative, and for Your personal
use only, you can initiate sending messages using the SERVICE.
7c. BASIC EXCESSIVE-USE CHARGE. The BASIC SERVICE provides a free community service and open
access resource that are available to all. The BASIC SERVICE is paid in part by PREMIUM users,
allowing their recipients the right to read and reply securely without cost, and thereby
preserves the Internet free-cost model of email. Therefore, in order to assure fair use by
all and quality of service for paid users, if you use the BASIC SERVICE to send or try to send
messages in excess of the limits defined in article 2 (BASIC READER ACCOUNT), and continue to
do so even after receiving a warning from the SERVICE, Your account shall be suspended and
cannot be reset or used until charged at the PREMIUM SERVICE rate level for at least one month
of service. Tolerance in not requesting the payment for excessive use of the BASIC SERVICE does
not mean agreement to such behavior, or that charges shall not be applied later.
2.e. The number of users logged in for BASIC accounts may be restricted at any time and / or
BASIC service may be delayed.
2.a. COMMERCIAL USE AND RESALE RIGHTS. Any commercial use of the BASIC account, including
the resale 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.
4. USER KEYS. When You log in the SERVICE calculates a unique set of cryptographic keys
(Your "USER KEYS"). YOU UNDERSTAND THAT UNLESSYOU 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 SERVICEIS 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 shall be charged at the per-recipient cost of $1.00 for the first
offense, $2.00 for the second offense, and $3.00 afterward.
8. BASIC ACCOUNT TERMINATION. The SERVICE may terminate Your access to the BASIC account and
any related service(s) at any time, with or without cause, with or without notice, effective
immediately, for any reason whatsoever. You agree that the SERVICE has no obligation to make
available, store or forward to You the contents of Your BASIC 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.
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 the entire SITE are Copyright, NMA Inc., 2001-11. 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, Peek, and others as defined by NMA in their websites. 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.
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. COST. The BASIC account is provided to You free of charge.
15.a. 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
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
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 or 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 SUPPLIER 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 paid NMA for one day of the
19. INDEMNIFICATION. Related to the use of the SERVICE under Your Account, you are solely
responsible for any claim, demand, or damages, including attorneys' fees, asserted by any third
party, and agree to indemnify and hold harmless each and every SUPPLIER and NMA, and their
respective affiliates, officers, directors, employees, consultants, agents, licensees and
licensors. 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 San Diego County or federal court in the
Southern District of California, San Diego 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.
© Copyright, NMA Inc.