By becoming a registered user of DataMotion.com you agree to the following Terms of Service. Please read them carefully.
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
The DataMotion service (the "Service"), owned by DataMotion, Inc. ("DataMotion") and operated on DataMotion’s behalf, is provided to you ("User" or "you") under the terms and conditions of this DataMotion Terms of Service and any amendments thereto and any operating rules or policies (the "TOS") that may be published from time to time by DataMotion. The TOS comprises the entire agreement between User and DataMotion and supersedes any prior agreements pertaining to the subject matter contained herein.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TOS.
DESCRIPTION OF SERVICE
DataMotion is providing User with the capability to send and receive electronic mail and attachments via the World Wide Web on DataMotion’s system (or providing the ability for systems to communicate and send files to one another). User must:
- provide for User’s own access to the World Wide Web and pay any service fees associated with such access, and
- provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem.
USER’S REGISTRATION OBLIGATIONS
In consideration for the use of the Service, User agrees to:
- provide true, accurate, current and complete information about User as prompted by the Registration Form, and
- maintain and update this information to keep it true, accurate, current and complete.
This information about User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, DataMotion has the right to terminate User’s account and refuse User any and all current or future use of the Service.
USE OF REGISTRATION DATA
User agrees that DataMotion or its designee may disclose Registration Data to third parties about User and information about User’s use of the Service provided that such disclosures do not include User’s name, mailing address, email address, telephone or facsimile number, or account number, except as authorized (by User or User’s representative) or as required by law or legal process, or as set forth in Paragraph VII below.
MODIFICATIONS TO TERMS OF SERVICE
DataMotion reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service without adversely affecting your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the DataMotion Service will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
MODIFICATIONS TO SERVICE
DataMotion reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that DataMotion shall not be liable to User or any third party for any modification or discontinuance of the Service, or for the failure to store or make accessible any email messages in the event of any modification or discontinuance of the Service.
DataMotion considers email transmitted via the Service to be the private correspondence between the sender and the recipient. DataMotion will not monitor, edit or disclose the contents of a User’s private communications, except that User agrees DataMotion may do so:
- as required by law;
- to comply with legal process;
- if necessary to enforce the TOS;
- to respond to claims that such contents violate the rights of third parties; or
- to protect the rights or property of DataMotion, or others.
User acknowledges and agrees that DataMotion does not endorse the content of any User communications and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.
USER ACCOUNT, PASSWORD AND SECURITY; UNAUTHORIZED USE
User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User’s password or account. If User knows or has reasons to believe that any third party has access to User’s password without authorization, User agrees to notify DataMotion immediately at firstname.lastname@example.org of any actual or suspected unauthorized use of User’s password or account or any other breach of security. Your DataMotion account is associated with a single registered and authorized email address. If you forward DataMotion plugins (e.g., the "SendSecure" button) to others, then DataMotion shall not be responsible for the privacy or security of any message sent by any unauthorized user utilizing functionality not registered to or associated with the sender’s email address.
FOR USERS WHO USE THE SERVICES FOR TRANSMISSION OF ELECTRONIC HEALTH INFORMATION (ePHI):
User agrees, represents, and warrants the following, and shall be solely responsible for any and all consequences of any Breach(es) (as defined under HIPAA) or other misuses of data or the Services as a result of any failure to ensure the following and, notwithstanding any provision or limitation to the contrary, shall indemnify and hold DataMotion harmless against any consequences thereof:
- Any Authorized User shall not disclose or permit unauthorized access to Services using his/her access credentials (user ID and password);
- Any of the recipients of messages sent by any of the Authorized Users shall not disclose or permit unauthorized access to Services using his/her access credentials (user ID and password);
- Users of Business Associate shall ensure that they do not misspell either their own email address or their recipients’ email addresses, which will result in delivery of information through the Services to unauthorized person(s); and
- User shall not include any ePHI in the Subject-line of the message being transmitted as the Subject-line is not encrypted and the ePHI cannot be protected.
User agrees to abide by all applicable local, state, national, and international laws and regulations in User’s use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. User agrees to be solely responsible for the contents of User’s transmissions through the Service.
- not to use the Service for illegal purposes;
- not to interfere with or disrupt the Service or servers or networks connected to the Service;
- to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and
- to comply with all applicable laws regarding the transmission of technical data exported from the United States.
User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. Finally, User agrees not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.
User agrees to indemnify and hold DataMotion, and its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Service, User’s connection to the Service, User’s violation of the TOS, or User’s violation of any rights of another.
NO RESALE OR OTHER COMMERCIALLY DISTRIBUTION OF THE SERVICE
User agrees not to resell or otherwise to distribute commercially the Service, including its use of or access to the Service.
DataMotion may establish default criteria that govern the size and retention period of message storage for User. DataMotion assumes no responsibility for any deletion or failure to store email messages (by User, DataMotion or any third party).
User agrees that DataMotion may terminate User’s password, account or use of the Service if DataMotion believes:
- that User has violated or acted inconsistently with the letter or spirit of the TOS, or
- that User has violated the rights of DataMotion or other Users or parties.
User acknowledges and agrees that any termination of service under the TOS may be effected without prior notice, and acknowledges and agrees that DataMotion may immediately delete email files in User’s account and bar any further access to such files or the Service.
DEALINGS WITH ADVERTISERS
User’s correspondence with or participation in promotions of Advertisers and/or sponsors ("Advertisers") found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such Advertiser. User agrees not to hold DataMotion liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such Advertisers on the Service.
The Service may provide, or Users may include in email, links to other Web sites or resources. User acknowledges and agrees that DataMotion is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees that DataMotion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
DATAMOTION’S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Service or by Advertisers is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws.
User acknowledges and agrees that:
- User is permitted to use this material and information only as expressly authorized by DataMotion or Advertisers, and
- User may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without the written authorization of DataMotion, the Advertisers or the owner(s) of such materials, as applicable.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DATAMOTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DATAMOTION MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DATAMOTION 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.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
DATAMOTION MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM DATAMOTION OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY DATAMOTION WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
USER AGREES THAT DATAMOTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S REGISTRATION INFORMATION, TRANSMISSIONS OR OTHER DATA, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DATAMOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT DATAMOTION SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER OR NOT SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any notice to User under this Agreement shall be made via either email or regular mail, in the sole discretion of DataMotion. DataMotion may also provide notices of changes to the TOS or other matters by displaying notices to Users generally on the Service.
The TOS and the relationship between User and DataMotion shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the state of New Jersey.
The failure of DataMotion to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the TOS must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect. These TOS (with any applicable registration forms), as such may be amended from time to time, constitute the entire agreement between you and DataMotion.