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Secure Mail Terms of Service

The Secure Mail Service available on the s-mail.com server (the "Provider") is provided to you (the "User") exclusively under these Secure Mail Terms of Service.


The Provider is providing the User with the capability to send and receive electronic mail via the World Wide Web on the Provider's servers (the "Service").

The User must:

(i) provide all equipment necessary to establish a connection to the World Wide Web, and

(ii) provide for the User's own access to the World Wide Web and pay any telephone or other connection or service fees associated with such access.

Subject to the following terms and conditions, the Provider hereby grants the User a non-exclusive, non-transferable, limited license to use any software delivered to the User for using the Service solely for such purpose and for the term of this Agreement.

The member agrees to provide certain current, complete, and accurate information about the User as prompted to do so by the Service and maintain and update such information as is required to keep it current, complete and accurate. All information provided by the User shall be referred to as User Data ("User Data"). This data can be used by s-mail.com for statistical purposes only. The Provider never shares the User Data with third parties unless the Provider is required to disclose such information by any applicable law, agency or in the course of legal proceedings.

If any information provided by the User is inaccurate, the Provider retains the right to terminate the User's membership and the User's right to use the Service.


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


The User is solely responsible for the contents of his or her transmissions through the Service.

A. Law

The User agrees to comply with all applicable local, state, national and international laws and regulations in the User's use of the Service.

The User agrees not to use the Service for illegal purposes and not to interfere with or disrupt networks connected to this Service.

The User agrees to comply with all requirements, procedures, policies and regulations of networks connected to the Service.

The User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, privacy invading, threatening, harmful, vulgar, obscene or otherwise objectionable material that encourages conduct that could constitute a criminal offence or give rise to civil liability.

B. Commerce

The User agrees not to resell or offer for resale the Service (or use of or access to the Service), without the express consent of the Provider.

The User shall not interfere with another User's use and enjoyment of the Service or another entities use and enjoyment of similar services.

The User will not use a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.

C. Spam Liability

The User agrees not to transmit "junk mail", "spam", "chain letter" or any other like transmissions. In the event that it is established to the Provider's satisfaction that a User has used or is using the Service for the purposes of transmitting or generating spam, junk mail, chain letter or any other like transmissions, the Provider reserves the right to terminate the User's account immediately.


The User will receive an Access Password and an account destination upon completing the registration process.

The User is entirely responsible for maintaining the confidentiality of the Access Password and the account. Furthermore, the User is entirely responsible for any and all activities which occur under the User's account and agrees to indemnify, defend and hold harmless the Provider for any liability or expense arising from such use or misuse.

The User hereby agrees to immediately notify the Provider of any unauthorized use of the User's account or any other breach of security known to the User via e-mail to the Provider's Abuse Team.


The amount of storage space allocated at the s-mail.com servers per User is fixed within the User's subscription plan and therefore some email messages may not be processed due to the above said limitations.

The Provider assumes no responsibility for the deletion of or failure to store email messages, or for the liabilities of receiving and/or sending email messages.


The User agrees to indemnify and hold the Provider, its associated companies, directors, officers, shareholders, employees, agents, and assigns harmless from and against any claims or demands, including reasonable legal fees made by any person due to, in connection with or arising out of the User's violation of any intellectual property or other right of any person or entity if but not limited to:

1) the User used and/or uses the Service illegally; and/or
2) the User used and/or uses the Service in violation or infringement of these terms and conditions; and/or
3) some other person or entity used and/or uses the Service using the User's computer.


The Provider provides the Service on "as is" and "as available" basis. The User agrees that use of the Service is at User's sole risk.

The Provider does not warrant or guarantee that the Service will meet the User's requirements or that the Service will be uninterrupted, timely, secure or error-free. The Provider does not make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.

The User agrees that any information and data downloaded or otherwise obtained through the use of the Service is done at the User's own discretion and risk. The User will be solely responsible for any damage to the User's computer system or any loss of data that results from using the Service.

The User hereby agrees that the Provider shall not be liable for any loss of use, interruption of business, or any indirect, special, incidental or consequential damages of any kind (including lost profits) regardless of the form of action, whether in contract, tort or otherwise resulting from the use or inability for the User to use the Service.

The User agrees that the Provider shall not be liable for any damages, arising from interruption, suspension or termination of the Service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

Notwithstanding and without prejudice to the above, the Provider's liability in respect of any successful claim in law or otherwise made by a User in respect to the Service shall be limited to the subscription fees paid by the User to the Provider in respect to the Service.


Either the Provider or the User may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party.

Should the User object to any terms and conditions or to these terms and conditions or any subsequent modifications thereto or become dissatisfied with the Service in any way, the User's only recourse is to immediately discontinue use of the Service, terminate service membership, and notify the Provider of termination.


All notices to a party shall be in writing and shall be made either via email or conventional mail. The Provider may broadcast notices or messages through the Service to inform the User of changes to the terms and conditions of use, the Service or other matters of importance. Such broadcast shall constitute a notice to the User.


The User acknowledges that the content, presented to the User of the Service by the Provider or the Provider's suppliers, is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. The User is only permitted to use this content as expressly authorized by the Provider or the supplier. The User may not copy, reproduce, distribute, or create derivative works from this content without expressly being authorized to do so by the owner of the relevant intellectual property right(s). Except those expressly permitted by law, the User agrees not to disassemble or otherwise reverse engineer any of the software of the Service for any reason, or permit any third party to do so.


The laws of Republic of Ireland shall govern the Secure Mail Terms of Service and relationship between the User and the Provider. The parties hereby agree that all disputes in connection with or arising out of the Secure Mail Terms of Service shall be subject to the jurisdiction of the Irish Courts.


The Provider reserves the right to change or modify the Secure Mail Terms of Service, or any part thereof at any time.

The Provider will notify Users about such modifications by posting an updating text of the Secure Mail Terms of Service on this Web site: http://www.s-mail.com. These modifications shall be effective immediately upon notice. Use of the Service by User after such notice shall be deemed to constitute acceptance by User of such changes or modifications.

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