ZSENTRY (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 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
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 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 ACCOUNT 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 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. 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
2.a. ACCOUNT MANAGER. The ACCOUNT MANAGER manages the PREMIUM ACCOUNT, as the sole entity
responsible for the PREMIUM ACCOUNT on behalf of an ACCOUNT NAME / 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 charged at the per-recipient cost of $1.00 for the first
offense, $2.00 for the second offense, and $3.00 afterward.
8. PREMIUM ACCOUNT TERMINATION. The SERVICE may terminate Your access to the PREMIUM account and
any related service(s) at any time, by sending you a notice. Upon termination, the SERVICE shall
enable 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 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. BILLING POLICY, PAYMENT AND RETURN POLICY. All sales are final. We also provide FREE
versions, so that you can make sure that the SERVICE is compatible with your computer systems
and satisfies all of your requirements before purchasing the paid versions.
To pay for your order you may use a credit card, your Google or PayPal account, or other means
that we may explicitly accept, all hereafter called "Payment Means".
We may obtain pre-approval for an amount up to the amount of the order. Billing occurs at the
time of or shortly after your transaction. With any Payment Means, your order may be authorized
and billed in increments during one purchasing session, so it may appear as multiple orders
on your statement. If a Promo Code or other deduction is used for a transaction, the amount
is deducted at the time of your transaction. When making purchases, any credits you may have
are used first, followed by Promo Codes or other deductions; your Payment Means is then
charged for any remaining balance.
You agree that you will pay for the SERVICE that you purchase through us, and that we may
charge your Payment Means for any purchase and for any additional amounts (including any taxes
and late fees, as applicable) that may be accrued by or in connection with your purchase.
You are responsible for the timely payment of all fees. All fees will be billed to the Payment
Means that you designate. You may designate a different Payment Means at any time, or if there
is a change in your Payment Means status. If you wish to allay concerns of a temporary disruption
of your access to the SERVICE and/or information retained in your account while we verify your
new payment information, please change your information online at least one week prior to any
Your total price will include the price of the order plus any applicable sales tax in effect at
the time of our order. We will charge tax only in states where such use is taxable. No customers
are eligible for tax exemptions.
15.a. RETURN POLICY. We will return any amount that may have been charged in excess. Provided
that there is no fix or work-around, and you report this to us to verify and have a chance to
provide a solution, we shall refund any purchased items that (1) have fatal technical problems;
or (2) for which you never received the access codes from us, and even failed to be able to
retrieve the codes using our support service instructions. In all cases, once the purchased
items are returned, you must stop using them.
15.b. BILLING. Unless the account is terminated by You or us, as defined in this Agreement,
accounts are subject to the ACCOUNT CONTINUATION rules as defined in (15.c).
15.c. ACCOUNT CONTINUATION. After the paid period expires and no renewal payment has been
received, accounts may be placed on continuation awaiting payment, with or without service
downgrade or hold, or terminated, at our exclusive choice. For accounts that have been paid for
one or more years of service, any unpaid service periods, counted each 30-day period where we
have server activity initiated by You or on Your behalf, will be charged at Your service price
prorated monthly and is due upon receipt of invoice.
15.d. PRE-ORDERS: Services may be available as pre-orders, including renewal orders and update
orders. Such services will be shipped and charged when they become available. You may cancel
a pre-order prior to the time the item becomes available; otherwise, all such sales are final.
15.e. CREDIT CARD CHARGEBACKS. Invalid chargebacks can result in immediate account hold or
termination without notice.
15.f. 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
15.g. 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.