secure-transmit Terms of Service

Effective: May 1, 2021

Thank you for choosing secure-transmit as your premiere secure document transmittal service. Our mission is to provide you the ability to securely transmit files of essentially any size to correspondents, with certainty of a secure arrival. The following terms of service (“Terms”) govern your use and access of the secure-transmit sites and services. Our Privacy Policy explains how we collect and use your information.

By using our sites, services, and/or products in any manner, including, but not limited to, visiting or browsing our sites, or purchasing or using our services and/or products, you agree to these Terms and all other operating rules, policies, and procedures that may be published from time to time on our sites, each of which is incorporated by reference and each of which may be updated from time to time without notice to you in our sole discretion.

Certain of our sites, services, or products may be subject to additional terms and conditions specified by us from time to time; your use of such sites, services, and products is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

These Terms apply to all users of our sites, services, and/or products, including, but not limited to, registered and unregistered users.

You represent and warrant that you are at least 18 years old, or if you are under 18 years of age but are at least 13 years old, that you are using our sites, services, and/or products with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use our sites, services, and/or products. If you are under 18 and you have not received your parent’s or legal guardian’s permission, you may not, under any circumstances or for any reason, use our sites, services, and/or products. We may, in our sole discretion, refuse to offer or allow the use of our sites, services, and/or products to any person or entity, or to otherwise change the eligibility criteria for the use of our sites, services, and/or products at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the right to access our sites, services, and/or products is revoked (a) where these Terms or the use of our sites, services, and/or products is prohibited; or (b) to the extent that the offering, sale, or provision of our sites, services, and/or products conflicts with any applicable law, rule, or regulation. Further, our sites and services are offered only for your use, and not for the use or benefit of any third party.

Your Content & Permissions

The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through our sites, services, or products.

The terms “you,” “your,” “user,” and “users” refer to all persons, whether an individual or an entity, who access or use our sites, services, or products or who use or purchase our services and/or products for any reason.

When you use our sites and services, you provide us access to your files, necessary contacts, and metadata (information about your correspondents or instructions about your transmissions), hereinafter referred to as “your content” necessary to transmit them. Your content and your information are yours. These Terms do not give us any rights to your content except for the limited rights that enable us to offer this service.

Our goal is to never read, scan, or interact with your content unless it is required to complete a transmission or in the event that the content provided violates these Terms. Additionally, we never access your metadata except in performing functions to complete your transmission. By using our sites and services, you grant us permission to perform the tasks necessary to successfully transmit your information, and this permission extends to our affiliates and trusted third parties (AWS) with whom we work.

Your Responsibilities & Prohibited Uses

To access certain areas or functionalities of our sites, services or products, you may need to sign up for an account on one or more of our sites or services. You must provide accurate and complete information and keep your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene; or (iv) use your account in any manner that would be unlawful. You are solely responsible for the activity that occurs on your account and for keeping your account password secure. You may never use another person’s user account or registration information for our sites, services, or products without that person’s permission. You must notify us immediately in writing of any change in your eligibility to use our sites or services, breach of security, or unauthorized use of your account. You should never publish, distribute, or post login information for your account. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.

You shall have the ability to delete your account, either directly or through a request made to us at the following address:

admin@secure-transmit.com

We reserve the right to terminate the use of any username or account, or to deny access to our sites or services or any features thereof, to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our site, services, or products or infringes on the rights of others. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SUSPENSION OR TERMINATION OF YOUR PASSWORD OR ACCOUNT (OR ANY PART THEREOF), OR USE OF OUR SITES OR SERVICES, OR ANY REMOVAL OF ANY CONTENT THAT YOU HAVE SUBMITTED TO OUR SITES OR SERVICES. In the event that we suspend or terminate your access to and/or use of our site, services, products you will continue to be bound by these Terms. You are responsible for the information contained in your content and how it is used. Your use of our site, services, and products must comply with our Acceptable Use Policy.

Investigation and Enforcement

secure-transmit has the right, but is not obligated, to strictly enforce these Terms through self-help, active investigation, litigation and prosecution. secure-transmit shall not be obligated to monitor or exercise any control over any content transmitted using the site, services, or products but reserves the right to do so. In addition, secure-transmit may take any other appropriate action against a user for violations of the Terms, including repeated violations wherein correction of individual violations does not, in secure-transmit’s sole discretion, correct a pattern of the same or similar violations.

secure-transmit further reserves the right to conduct investigations into fraud, violations of the terms of this Policy or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that secure-transmit deems responsible for the wrongdoing.

Our Site, Services, and Products

Our sites, services and the intellectual property that makes it work (including but not limited to all information, software, text, displays, images, video, audio, and the design thereof) are protected by copyright, trademark, and other US and foreign laws. You have no rights to it except to use it. Likewise, our trademark, logos, and other brand features are ours and we grant you no rights for their use except on the pages that are presented to you as part of the service. If you print, copy, modify, download, or otherwise provide any other person with access to any part of the site, services, or products in a manner not allowed by this Agreement, your right to use our site, services, or products will cease immediately.

Paid Accounts

secure-transmit charges you for all transmissions. You will be charged before the service allows you to upload files. Prior to being charged, we will give you an estimate for your service. Upon payment, , we will deposit the monies into a secure account specifically for your use. As data is delivered to your correspondents, the charge for that delivery will be deducted from your account. If your account reaches a “zero” balance before all of your correspondents have downloaded the transmission, you will be notified by email that your account has a “zero” balance and given the opportunity to pay additional monies into your account to finish your transmission. In addition, your correspondents will be given the opportunity to pay money into your account to complete the download of the transmission. If the transmission is completed and a balance remains in your account and your initial account agreement was for a single transmission, that balance is kept by secure-transmit. However, if your initial account agreement was for a continuing account, any monies remaining can be applied to future transmissions. If an account is inactive for one full calendar year from the date of the last transmission, the balance is relinquished to secure-transmit. The rate at which you are charged is a function of the type of continuing account that you selected with your registration.

Monies paid into continuing accounts can be used to fund transmissions with secure-transmit. We have no subscription service. Your charges were elected, by you, at the time you created the account. We will not automatically charge you ever. We do not keep your financial information on file.

The amount you are charged per gigabyte (GB) transmitted is subject to change at any time at the discretion of secure-transmit. It is a function of, among other things, the charges that secure-transmit receives from its service suppliers.

The terms of your payment will be based on your payment method and may be determined by agreements between you and your financial institution, credit card issuer, or other provider of your chosen payment method. If we, through our third-party payment processor, do not receive payment from you, you agree to pay all amounts due for your purchase immediately upon demand.

Third-party merchants may have terms of use, including privacy and data collection practices and policies that are different from ours. We encourage you to review all such third-parties’ terms of use. When you access third-party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. YOU RELEASE US, OUR AFFILIATES, AND EACH OF OUR AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND LICENSORS FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US OR ANY OF OUR AFFILIATES ARISING FROM YOUR PURCHASE OR USE OF ANY SITES, PRODUCTS, OR SERVICES MADE AVAILABLE BY THIRD PARTIES THROUGH OUR SITES OR SERVICES.

Discontinuation of Services

If secure-transmit decides to discontinue the service in response to unforeseen circumstances beyond secure-transmit’s control or to comply with a legal requirement, we will make every effort to allow all in-process transmissions at that time to complete. If we discontinue the service, any residual account monies will be relinquished to the sponsor.

Service “AS IS”

We strive to provide great sites, services, and products, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, secure-transmit AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR secure-transmit’s OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN NOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, secure-transmit, ITS AFFILIATES, SUPPLIERS, AND/OR DISTRIBUTORS WILL NOT BE LIABLE FOR:

1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT secure-transmit OR ANY OF ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, secure-transmit, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. Secure-transmit AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, OR EACH OF OUR AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO OUR SITES, SERVICES, OR PRODUCTS FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR SITES, SERVICES, AND/OR PRODUCTS, INCLUDING OUR MATERIALSOR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OUR SITES OR SERVICES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES; (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, REGARDLESS OF THE SOURCE OF ORIGINATION; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE LESSER OF (A) AMOUTNS PAID TO US FOR THE PARICULAR SERVICES OR PRODUCTS PURCHASED BY FOR THE CURRENT SERVICE, OR (B) $20.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, AND THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND LICENSORS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR CONTENT OF ANY USER. IF YOU ARE DISSATISFIED WITH OUR SITES, SERVICES, OR PRODUCTS, OR WITH ANY OF OUR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITES, SERVICES, AND PRODUCTS.

California Civil Code Section 1542 Waiver.

To the extent that releases and waivers contained in these Terms are releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, you agree that the waiver of such provision was separately bargained for and the foregoing releases shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities, and demands of whatsoever character, nature and kind, known or unknown, suspected or unsuspected, specified herein.

You agree to indemnify and hold us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, and licensors, harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of our sites, services, or products in violation of these Terms by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Resolving Disputes

We want to address your concerns without legal action. Before filing a claim against secure-transmit, you agree to try to resolve the dispute informally by contacting the secure-transmit administrator (admin@secure-transmit.com). If a dispute is not resolved within fifteen (15) days of submission, you or secure-transmit may initiate a formal proceeding.

You and secure-transmit agree that any judicial proceeding to resolve claims relating to these Terms will be brought in the federal or state courts of Allegheny County, Pennsylvania subject to the mandatory arbitration provisions below. Both you and secure-transmit consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

You and secure-transmit agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Opt-out of Agreement to Arbitrate.

You can decline this agreement to arbitrate by notifying us by email and submitting an opt-out form within 30 days of first registering your account.

Arbitration Procedures.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Allegheny County, Pennsylvania (PA) , or any other location we agree to.

Fees.

The AAA rules will govern payment of all arbitration fees. secure-transmit will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Secure-transmit will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Choice of Law.

Either you or secure-transmit may assert claims, if they qualify, in Allegheny County, Pennsylvania or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the site, services, or products, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Allegheny County, Pennsylvania to resolve your claim.

NO CLASS ACTIONS.

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

Controlling Law

These Terms will be governed by Pennsylvania law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph does not override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and secure-transmit with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights. Waiver, Severability, & Assignment

secure-transmit’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. secure-transmit may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the sites, services, or products.

Modifications

We reserve the right, in our sole discretion, to modify, or replace any of these Terms, or change, suspend, or discontinue our sites, services, or products (including but not limited to, the availability of any feature, database, or content), at any time by posting a notice or by sending you notice through our sites, services, via e-mail, or by another appropriate means of electronic communication. We may also impose limits on certain sites, services, and/or products, or otherwise restrict your access to parts or all of our sites, services, and/or products without notice or liability. While we will provide notice of modifications, it is also your responsibility to check these Terms periodically for changes.

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.