Terms of Service
By using the Deliveredsecure.com web site ("Service"), which is a service of InetSolution, Inc. ("INET"), you ("you" or "Customer") are agreeing to be bound by the following terms and conditions ("Terms of Service").
INET reserves the right to update or change these Terms of Service without notice. If you continue to use the Service after any such changes, your continued use shall serve as your consent to such changes. For purposes of this Agreement, "Services" are defined as any and all services provided via the Deliveredsecure.com web site to you either now or in the future.
INET provides the Service as a method to electronically exchange documents and text with other users via the Internet using a web browser, computing device and broadband Internet connection.
Free Trial Terms
INET provides a free trial of the Service only as a courtesy for you to evaluate the Deliveredsecure.com service. INET reserves the right to terminate your free trial before the specified end date, with or without cause and without notice. You may only register for one free trial account during the lifetime of the service. INET reserves the right to require you to switch to a paid subscription if we discover that you have registered for more than one free trial account. Neither free nor paid subscription accounts may be used for potentially illegal or unethical activities, and such use will result in immediate termination of your account and removal of all Data associated with your account.
Accounts & User Access
A user account is required to access the Service and may be accessed and used only by a single authorized individual. Each user requires his or her own user account, "bots" or automated machine accounts are not permitted. When creating a user account, you must provide complete and accurate information as requested by the registration form. You also agree to keep all contact and billing information current and accurate for as long as you maintain an account with the Service. User accounts cannot be "shared" or used by more than one individual.
Your Account Holder Responsibilities
You are also solely responsible for any and all activities that occur under your account and ensuring that you appropriately logoff from your account at the end of each session. You shall notify INET immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. INET shall not be responsible for any unauthorized access to, or alteration of, your transmissions or Data or Information sent or received or any transactions entered into through the Service or failure to abide by this Agreement.
Confidentiality, Data and Information Access and Loss
INET does not own any data, information or material that you submit to the Service or store in your account ("Data" or "Information"). You retain all rights to any and all of your or your users’ uploaded Data. INET will not disclose any information regarding you or your account, including any Data, without your prior written permission, except in accordance with this Agreement. INET may access your account, including its Data or Information, to troubleshoot problems and/or provide technical support to you. You, not INET, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and INET shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. INET shall not be responsible for providing backup of your Data or Information and shall not be liable for any damages or losses that may occur as a result of Data or Information loss. For United States based financial institutions, Provider recognizes that Client is bound by the Gramm-Leach-Bliley Privacy Act of 1999.
In the event of termination of service, there shall be no use or disclosure by either party of any such Data in its possession, and all confidential Data shall be destroyed. The provisions of this section shall survive the termination of the agreement for any reason.
INET shall report in writing to you any use or disclosure of your Data not authorized by this agreement, including a commercially reasonable belief that an unauthorized individual has accessed sensitive Data. Notification shall occur immediately after INET has confirmed that a material breach of your Data has occurred. The notification shall include:
- a brief description of what happened, including the date of the breach and the date of discovery;
- a description of the types of information that were involved in the breach;
- a brief description of what Provider, law enforcement, and other entities are doing to investigate the breach, mitigate losses, and protect against further breaches;
- contact information for the person(s) who can answer questions regarding the breach.
A Breach will be treated as discovered as of the first day that such breach is known by INET. If a law enforcement official determines that a notification, notice, or posting required under this section would impede a criminal investigation or cause damage to national security, such notification, notice, or posting shall be delayed as directed by law enforcement officials with competent jurisdiction.
Law Enforcement Requests for Customer Information
Except as required by law, INET will not release Customer data or account information without the express consent of its Customer. A valid subpoena, court order, or warrant is required for the identity or account information of an INET Delivered Secure Customer. Criminal matter subpoenas must be made by law enforcement.
Unless prohibited by law, court order, or exceptional circumstances such as an emergency involving the risk of death or tampering with evidence, upon receipt of a valid civil subpoena, INET will notify its customer whose information is being sought and provide the Customer with an opportunity to object/quash such request. If an objection is not received within seven (7) business days, INET will then provide the requested information. Law enforcement officials who believe that notification would jeopardize an investigation should obtain a proper court order or other appropriate process establishing that notice is prohibited.
INET reserves the right to seek reimbursement for the costs in connection with responding to a subpoena. Payment must be made prior to INET providing the requested information. The costs are $15.00 for mail delivery charges and $0.50/page for copy charges. For more detailed requests, INET charges additional costs to comply but will provide you with the costs prior to processing such request.
INET will respond to requests for Customer information from foreign law enforcement agencies; however, requests must be in English and originate from a United States court with proper jurisdiction.
Since data inside of Delivered Secure is stored in an encrypted form, it is not possible for INET to perform searches of message or attachment contents. E-Discovery requests are limited to message and file meta data, such as file name, date send or received, file size, and, in certain cases, the email address of the sender or recipient.
Only authorized Customer account owners may submit E-Discovery requests to INET. INET will perform the requested searches and return data to the Customer in a mutually agreed upon format in a commercially reasonable time frame. INET may charge for searches that require extensive time and resources to perform and will notify the Customer in advance if any costs will be required to perform the E-Discovery search.
Payments, Fees, Refunds, Prices and Modifications to Service
INET offers this Service for a monthly fee ("Fee") that INET will charge to the credit card that you provide for payment to use the Service. INET bills for the Service in advance on a monthly basis and provides no provision for refunds or credits of partial months of service or for unused months on an existing account. Your credit card will automatically be charged at the conclusion of any free trial period.
Any upgrades or downgrades in service may result in additional charges to your credit card or a change in the monthly subscription fee charged to your credit card.
Your account will be considered delinquent if your credit card company refuses for any reason to pay the amount charged to your card. Delinquent accounts will be suspended immediately and suspension may result in removal of all account Data from the Service. INET shall not be responsible for restoring any Data lost as a result of account suspension or deactivation.
INET reserves the right at any time and from time to time to change, discontinue or disable, either permanently or temporarily, the Service or any part thereof, including subscription plans. Fees for the Service are subject to change with 30 days notice posted to the Deliveredsecure.com website and/or email.
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) transmit through the Service illegal, harassing, threatening, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (b) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (c) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (d) or attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means
INET has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, INET reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Canceling and Terminating Your Account
You are fully and solely responsible for properly canceling your account. You must cancel your account via telephone by calling (586) 726-9490 and talking to a live human operator during INET's normal business hours or by using the Cancel Account option provided on Deliveredsecure.com. When you cancel your account, your Data may be instantly and permanently deleted from Deliveredsecure.com. If you cancel prior to the end of a billing period, you will not be charged at the beginning of your next billing cycle, but your account will be terminated immediately and no refund will be issued. INET, in its sole discretion, retains the right to suspend or terminate your account and suspend use of the Service at any time without notice. Such termination or suspension will result in forfeiture and relinquishment of all Data held in your account. INET reserves the right to refuse access to the Service to anyone at any time and for any reason.
You shall indemnify and hold INET and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Data or Information shared through use of the Service) or breach of this Agreement.
Disclaimer of Warranties
INET does not warrant that (a) the Service will meet your specific and/or unique requirements; (b) the sService will be uninterrupted, timely, without error, without vulnerability; (c) the Service will meet your expectations; (d) files or Data that you send or receive with the Service will be free from viruses, trojans, harmful code, copyright infringements, spam or other harmful or undesirable elements; or (d) that bugs, errors or flaws in the Service will be fixed. The Service is provided to you on an "AS IS" basis. All warranties, conditions and representations, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable laws of Michigan and the United States by INET.
Limitation of Liability
You expressly understand and agree that INET shall not be liable for any direct, incidental, indirect, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use or inability to use the Service, the unauthorized access to or modification of your Data or transmissions of Data, termination or suspension of your account or any other matter relating to the Service..
Local Laws and Export Control
This Agreement will be governed by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Macomb County, Michigan. INET owns, manages and operates the Service in the United States of America and is subject to the United States Export Administration Laws and Regulations. INET makes no representation that the Service is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Data or Information shared through the use of the Service may be transmitted to users who reside, work or are temporarily located in proscribed or embargoed countries or their nationals, nor may Data or Information be shared that is for or will be used for nuclear activities, chemical biological weapons, or military operations, unless specifically authorized by the United States Government for such purposes.