Terms of Service - Hushmail for Personal Use

The following are the terms and conditions for use of the Hushmail Premium Account service including present and future features offered by Hushmail and other services which may be offered from time to time by Hush Communications (“Hush”) for use with your Hushmail Premium Account (each feature individually and collectively referred to as the “Service”). Please read them carefully. This 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.

Each user is solely responsible for his or her transmissions through their Hushmail Premium Account. As a condition of your use of the Service, you affirm to Hush, that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By registering an address with Hushmail Premium Accounts, you agree to be bound by the terms outlined in this Service Agreement. Hush may, at its sole discretion, immediately terminate service without cause or notice, should user’s conduct fail to conform to these conditions.

1. We’re an Internet-based business and we use the Internet to send and receive certain types of communications. You agree to be bound by Internet regulations, policies and procedures.
2. You agree to comply with all applicable local, state, national and international laws and regulations. You also agree to not use your Hushmail Premium Account for illegal purposes; to not interfere or disrupt networks connected to this service; and to comply with all the rules, policies and procedures connected to this service.
3. You will not use your Hushmail Premium Account to send junk email, spam, chain letters or use email lists that contain any person that has not specifically agreed to be included on that list.
4. You agree not to transmit, or allow others to use your address to transmit, through your Hushmail Premium Account, any objectionable material including, but not limited to, unlawful or harassing, libelous, abusive, threatening, harmful, vulgar or obscene material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate items discussed in #2 above.

HUSHMAIL SPAM POLICY

Our spam policy at Hushmail is “zero-tolerance”. Anyone found to be generating spam from within our system will have their user privileges revoked immediately. Persons attempting to forward spam email messages inbound to our system will be blocked and prevented from sending further email to any Hushmail users. Please note, however, that many messages appearing to originate from Hush (or any other) mail servers could contain “forged headers”, written by the party originating the messages to make them appear to come from somebody else. This is done to avoid action normally taken against those abusing email systems and to cause damage to the reputation of the parties appearing to have sent the messages. Experienced investigators can tell immediately whether headers have been forged and where the message actually originated; thus, it is important that any mail forwarded to us for investigation contains the complete headers from the original message.

ACCOUNT TERMINATION

Hush may terminate your access to the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Hush has no obligation to store or forward the contents of your account.
If there is any indication that you are using your account for illegal activity, your account will be terminated immediately and without notice. Activities that are absolutely not tolerated include the purchase or sale of substances that are illegal in many jurisdictions, purchase or sale of stolen goods, making threats to person or property, possession or distribution of child pornography, and fraud.

LIABILITY

The information and services included in or available through the Service may include inaccuracies or errors. Hush may make improvements and/or changes to the Service at any time without notice. Hush does not guarantee that Hushmail will be uninterrupted or error-free, that bugs or malfunctions will be corrected, or that the Service and its servers are free of harmful components. Hush does not guarantee that the uses of its Service, or the materials provided within the Service, are accurate, without error, or reliable. Hush does not guarantee that advertised features may ever materialize. Hush provides its Service “as is”. The Company makes no warranty or covenant in regards to the availability, reliability, or timeliness of the Service. Hush is not responsible for the appropriateness of the Service for any one purpose. Hush will not be held responsible for any and all damages whatsoever as a result of the loss of use, data or profits connected to the performance of your Hushmail Premium Account. The user is solely responsible for any and all information that passes through the Hushmail servers. Hush is not responsible or liable for any product or service acquired or requested using the Service. The sole remedy is for users to discontinue their use of Hushmail and its related Web sites.

Users of the electronic signature feature acknowledge that laws that they may be subject to, and certain documents, have specific legal requirements that may apply to them, and agree that they are solely responsible for determining the appropriateness of the Hushmail electronic signature feature for the execution of their documents. Hush does not accept any responsibility or liability for or in connection with the use of the electronic signature feature or the making of any such determination.

INDEMNIFICATION

You agree that Hush, its parents, subsidiaries, officers and employees, cannot be held responsible for any third party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of the Service.

MESSAGE STORAGE, SENDING MESSAGES AND MESSAGING LIMITATIONS

The amount of email storage space per member is limited. Some email messages may not be processed due to space constraints or outbound message limitations. You agree that Hush is not responsible or liable for the deletion or failure to store messages or other information.

THIRD PARTY SITES, ADVERTISERS, AND PROMOTIONS

The links included within this Web site may allow you leave the Hushmail site and visit third party sites. These third party sites are not under the control of Hush. Hush is not responsible for the contents of any third party site nor is Hush responsible for the functionality of any third party site. Hush provides links to our service to you strictly as a convenience. A link’s inclusion in a Hush site does not endorse the site or their operators. Any promotions sponsored by Advertisers to the Service or dealings with the Advertisers directly are solely between you and that third party. Hush is not responsible in any part of any such connections or dealing with advertisers or their promotions.

MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES

Hush reserves the right to review and change this agreement regarding the use of the Service at any time and to notify you by posting an updated version of the agreement on this Web site. You are responsible for regularly reviewing Hush policies. Continued use of the Service after any such changes shall constitute your consent to such changes.

REFUND POLICY

All Hushmail Premium services are pre-paid yearly subscriptions. Refunds will be issued for Premium subscriptions (minus a $10 service charge) if the request for cancellation is sent within 24 hours of the upgrade, and the account has not been accessed. Refunds will not be issued for Premium upgrades of deactivated accounts. While refunds will not be issued in the event of a misremembered passphrase, customers can transfer their existing subscriptions to a new account at no cost.Please note:

• Refunds will not be issued for one-time setup fees.
• Disputed charges will result in the immediate termination of associated services.

Please contact us if you have any billing inquiries.

Any rights not expressly granted herein are reserved.