Terms of Service (TOS)
This Agreement governs the use of Stealth Email -
a fee-based email account (the "Services"). These
services are provided by StealthEmailService.com
Software and Design, Inc. In addition, you
understand and agree that these Services are
provided on an AS IS and AS AVAILABLE basis.
StealthEmailService.com disclaims all responsibility
and liability for the availability, timeliness,
security or reliability of these Services.
StealthEmailService.com also reserves the right to
modify, suspend or discontinue these Services with
or without notice at any time and without any
liability to you.
How you can use these Services
These services are made available to you for your
personal or business use. Due to the Children's
Online Privacy Protection Act of 1998 (which is
available at http://www.ftc.gov/ogc/coppa1.htm), you
must be at least thirteen (13) years of age to use
these Services. You must provide current, accurate
identification, contact, and other information that
may be required as part of the registration process
and/or continued use of these Services. You are
responsible for maintaining the confidentiality of
your Service password and account, and are
responsible for all activities that occur thereunder.
StealthEmailService.com reserves the right to refuse
service to anyone at any time without notice for any
reason.
Proper Usage
You agree that you are responsible for your own
communications and for any consequences thereof.
Your use of the Services are subject to your
acceptance of and compliance with this Agreement or
such other URL as StealthEmailService.com may
provide from time to time. You agree that you will
use the Services in compliance with all applicable
local, state, national, and international laws,
rules and regulations, including any laws regarding
the transmission of technical data exported from
your country of residence. You shall not, shall not
agree to, and shall not authorize or encourage any
third party to: (i) use the Services to upload,
transmit or otherwise distribute any content that is
unlawful, defamatory, harassing, abusive,
fraudulent, obscene, contains viruses, or is
otherwise objectionable as reasonably determined by
StealthEmailService.com; (ii) upload, transmit or
otherwise distribute content that infringes upon
another party's intellectual property rights or
other proprietary, contractual or fiduciary rights
or obligations; (iii) prevent others from using the
Services; (iv) use the Services for any fraudulent
or inappropriate purpose; or (v) act in any way that
violates the Legal Policies, as may be revised from
time to time. Violation of any of the foregoing may
result in immediate termination of this Agreement,
and may subject you to state and federal penalties
and other legal consequences.
StealthEmailService.com reserves the right, but
shall have no obligation, to investigate your use of
these Services in order to determine whether a
violation of the Agreement has occurred or to comply
with any applicable law, regulation, legal process
or governmental request.
Content of the Services
StealthEmailService.com reserves the right to
access, read, preserve, and disclose any information
as it reasonably believes is necessary to (a)
satisfy any applicable law, regulation, legal
process or governmental request, (b) enforce this
Agreement, including investigation of potential
violations hereof, (c) detect, prevent, or otherwise
address fraud, security or technical issues
(including, without limitation, the filtering of
spam), (d) respond to user support requests, or (e)
protect the rights, property or safety of
StealthEmailService.com, its users and the public.
StealthEmailService.com will not be responsible or
liable for the exercise or non- exercise of its
rights under this Agreement.
StealthEmailService.com's Intellectual
Property Rights
You acknowledge that StealthEmailService.com owns
all right, title and interest in and to these
Services, including without limitation all
intellectual property rights (the "StealthEmailService.com
Rights"), and such StealthEmailService.com Rights
are protected by U.S. and international intellectual
property laws. Accordingly, you agree that you will
not copy, reproduce, alter, modify, or create
derivative works from these Services. You also agree
that you will not use any robot, spider, other
automated device, or manual process to monitor or
copy any content from these Services. The
StealthEmailService.com Rights include rights to (i)
the Services developed and provided by
StealthEmailService.com; and (ii) all software
associated with the Services. The
StealthEmailService.com Rights do not include
third-party content used as part of these Services,
including the content of communications appearing on
these Services.
Your Intellectual Property Rights
StealthEmailService.com does not claim any ownership
in any of the content, including any text, data,
information, images, photographs, music, sound,
video, or other material, that you upload, transmit
or store in your Service account. We will not use
any of your content for any purpose except to
provide you with the Services.
Representations and Warranties
You represent and warrant that (a) all of the
information provided by you to
StealthEmailService.com to participate in these
Services is correct and current; and (b) you have
all necessary right, power and authority to enter
into this Agreement and to perform the acts required
of you hereunder.
Your Privacy
As a condition to using these Services, you agree to
the terms of the StealthEmailService.com Privacy
Policy as it may be updated from time to time. You
agree that StealthEmailService.com may monitor, edit
or disclose your personal information, including the
content of your emails/logs/account data, if
required to do so in order to comply with any valid
legal process or governmental request (such as a
search warrant, subpoena, statute, or court order),
or as otherwise provided in these Terms of Use and
the StealthEmailService.com Privacy Policy. Personal
information collected by StealthEmailService.com may
be stored and processed in the United States or any
other country in which StealthEmailService.com
Software and Design, Inc. or its agents maintain
facilities. By using this Service, you consent to
any such transfer of information outside of your
country.
Service Termination
You may cancel your use of the Services and/or
terminate this Agreement with or without cause at
any time by providing notice to
StealthEmailService.com at http://www.StealthEmailService.com/contact.htm.
StealthEmailService.com may at any time and for any
reason terminate the Services, terminate this
Agreement, or suspend or terminate your account. In
the event of termination, your account will be
disabled and you may not be granted access to your
account or any files or other content contained in
your account.
Indemnification
You agree to hold harmless and indemnify
StealthEmailService.com and its subsidiaries,
affiliates, officers, agents, and employees from and
against any third party claim arising from or in any
way related to our use of these Services, including
any liability or expense arising from all claims,
losses, damages (actual and consequential), suits,
judgments, litigation costs and attorneys' fees, of
every kind and nature. In such a case,
StealthEmailService.com will provide you with
written notice of such claim, suit or action.
Choice of Law and Jurisdiction
These Terms of Use will be governed by and construed
in accordance with the laws of the State of Ohio
without giving effect to its conflict of laws
provisions or your actual state or country of
residence. Any claims, legal proceeding or
litigation arising in connection with the Services
will be brought solely in Franklin County, Ohio and
you consent to the jurisdiction of such courts. |