Secure Messaging with WordSecure Messaging

End User License Agreement

By accepting an account with WordSecure, ("WordSecure"), The End User ("You") agrees to the following:

1. Service

  1. You are solely responsible for all use of your accounts and for the content of any transmissions over the Internet made by any user of your account. Using WordSecure's computer resources without authorization or providing false or misleading information for the purpose of obtaining access to WordSecure's computing systems is prohibited. You must take all reasonable precautions, such as password maintenance and file protection measures, to prevent unauthorized use of your account. You agree to indemnify, defend, and hold WordSecure harmless from any claims, loss, liability, or expense, including, without limitation, reasonable attorney's fees and other expenses of defense, arising out of or related to any activity on your account in violation of this agreement.
  2. Neither you nor any person using your account are permitted to use WordSecure's systems for:
    1. Any transmission in violation of the law or in aid of any unlawful act; or
    2. Accessing, altering, or destroying any information of another by any fraudulent means or device, or attempting to do so; or
    3. Interfering with or disrupting other system users, services, computer resources, or equipment, intentionally or otherwise, including, without limitation, distribution of unsolicited advertising ("SPAM") or chain letters, violations of USENET news etiquette, or propagation of computer worms or viruses.
  3. Notwithstanding any other term or condition of this agreement, to protect the integrity of WordSecure's systems and its users against unauthorized or improper use of WordSecure's systems, WordSecure reserves the right, without notice, to limit or restrict any individual's use and to inspect, copy, remove or otherwise alter any data, file, or system resource which may undermine the authorized use of WordSecure's systems. WordSecure also reserves the right to examine its systems periodically and to take any other action reasonably necessary to protect its systems.

2. Software

  1. Intellectual Property Rights
    WordSecure owns the Software and all intellectual property rights associated with the Software. You must not remove the copyright, ownership or other proprietary notices from any part of the Software.
  2. Transfer of License
    You may not transfer your license of the Software to a third party. Therefore, you may not assign, lend, sell, lease, rent or sub-license use of the Software to anyone.
  3. Decompiling, Disassembling, or Reverse Engineering
    You acknowledge that the Software contains our or our licensors' trade secrets, intellectual property rights and other proprietary rights. You must not decompile, disassemble or otherwise reverse engineer any part of the Software, or engage in any other activities to obtain underlying information in or about the Software that is not visible to the user in connection with normal use of the Software.

3. Limitation of Liability

  1. Under no circumstances shall WordSecure or the client companies it provides service to be liable to you for direct, indirect, special or consequential damages (including lost profits, accidental disclosure or loss of confidential, personal or medical information), even if you have been advised of the possibility of such damages under or in connection with these terms of use or resulting from: (i) the use or inability to use WordSecure; (ii) any information, goods or services obtained through WordSecure; (iii) any third party material or content accessed as a result of using WordSecure; or (iv) any other matter relating to WordSecure.
  2. No action, regardless of form, arising out of the use of WordSecure systems or under these Terms of Use may be brought by you more than one year after the occurrence of the event which gave rise to the cause of action.
  3. Without limiting the foregoing, under no circumstances shall WordSecure be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, loss of data, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

4. Confidentiality

  1. Your information will be gathered, reported and maintained in the strictest confidence. We will share information about your use of the WordSecure System only with those whom you authorize to receive information. By using this system, you are agreeing to grant designated System Administrators authorization to view, but not distribute, any and all confidential information and messages in your account for the sole purpose of maintaining the system.
  2. Use of the WordSecure System depends upon e-mail communication to send notifications about secure messages available to you over the Internet. Our technology utilizes extensive security protocols based on recognized industry standard best practices; however, Internet e-mail and web traffic can be susceptible to unauthorized interception of messages in transit or to unauthorized receipt on the user end. While we have not experienced violations of security related to Internet e-mail, you agree to hold WordSecure harmless for any security breaches that occur due to circumstances beyond our network control.
  3. This site meets the Health Insurance Portability and Accountability Act (HIPAA) recommended encryption levels for electronic protected health information (PHI). Our system has undergone extensive testing and integrates the HIPAA Security Administrative, Physical and Technical Safeguards standards as they relate to our technology environment. As with any electronic data, PHI in electronic form may be susceptible to access by unauthorized individuals who have the means and desire to breach security protocols. As such, users of this secured messaging service agree to the terms of use and agree to hold us harmless for any security breaches that occur due to circumstances beyond our network control.

5. Pornography and Computer Viruses

  1. WordSecure allows no pornography or obscene material on any of our systems. WordSecure reserves the right to immediately suspend all access to your account if pornography or obscene material is found on it. WordSecure is and will be the sole judge as to what constitutes pornography.
  2. WordSecure is diligent about curtailing the propagation of computer viruses on our systems and on the Internet. If any files containing viruses are detected in your account, they will be deleted automatically upon detection, and possibly without notifying you.

6. Ending the Services

  1. At any time, we may terminate the Services without assigning any reason to you.
  2. At any time after accepting an account with WordSecure, you may terminate the Services by giving us at least 60 days' written notice.

7. In Conclusion

  1. This End User License Agreement supersedes all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
  2. If you are under 18 years of age, you may open a WordSecure account only if a parent or guardian signs the appropriate form agreeing to the terms and conditions of this agreement on your behalf.
  3. Your use of WordSecure's systems, whether or not you sign the written form of this agreement, means that you accept these Terms and Conditions of Use, and certifies that you have read and understand this agreement. Your use of WordSecure's systems also certifies that the information contained in your application for an account with WordSecure is true, accurate, and complete.

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