StealthMessage.com

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Terms of Use

Acknowledgement and Acceptance of Terms of Use.

The use of Stealth Message (SMessage) is subject to Stealth Message's Terms of Use (ToU) and any policies that may be introduced as the service evolves.

Please read this agreement carefully before using the service. By using the service you agree that you have "read and accept the terms of use" and that you agree to be bound by the terms and conditions below.

SMessage may amend the ToU at any time and in any manner; any amendment shall be effective immediately upon transmission of notice by email, conventional mail, website, or any other means. Each use by you of SMessage reaffirms your agreement to be bound and to abide by the ToU as amended. SMessage does not currently charge for the service and plans to offer a free service for the foreseeable future. The Service reserves the right to modify or discontinue SMessage with or without notice. The Service reserves the right to institute a fee for a portion or all services offered upon thirty (30) days notice. The Service shall not be liable to you or any third party should SMessage exercise its right to modify or discontinue SMessage.

Description of Stealth Message

SMessage provides the capability to send private, confidential and secure messages via the Internet. You must provide all equipment, including a computer and Internet connection to access SMessage. You are responsible for any third party Internet Service Provider or telephone service fees associated with such access. SMessage is not obligated to provide any assistance to you, including technical or customer support, and your use of SMessage is at your own risk. You acknowledge that SMessage may add a link to be used by individuals interested in using the service to the end of email messages sent by you.

At the current time, SMessage requires no personal information from users. As the service is enhanced, it may be necessary to request some personal information. To ensure the integrity of SMessage, you agree to: (1) provide certain current and accurate information about yourself where prompted to do so by SMessage and (2) maintain and update this information as required to keep it current and accurate. All information requested on original sign up and afterwards shall be referred to as contact info. (Contact Info) You agree that SMessage has the right to disclose to third parties any or all Contact Info about you and service membership in the aggregate; however, such disclosures will exclude your name, mailing address, email address, account and phone number, unless: (1) you expressly direct the Service, or any other person you may specifically designate to disclose such information through SMessage as provided by SMessage, or (2) SMessage is required to disclose such information by any applicable law or legal process served on SMessage.

If any information provided by you to SMessage is found to be incomplete or inaccurate, the Service retains the right to terminate your membership and rights to use the Service.

User Conduct

You are solely responsible for the contents of your transmissions through SMessage. The service is intended to be used by consenting individuals. You are solely responsible to ensure all messages you read are from individuals you know, and with whom you are using a mutually agreed upon key code. SMessage makes reasonable attempts to avoid abuses of the service, and will act to stop abuses where possible. Note that by choosing to read messages, you are voluntarily entering into communication with a third party. In the event you find the communication objectionable, it is a matter between you and the other party. This is consistent with all major statutes governing telecommunications providers. On matters of user conduct, the Service is subject to all applicable local, state, national and international laws and regulations. If you do not want to receive messages via the Service, you may request to have message notifications blocked, or you may use your own software's filtering options.

You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through SMessage; (2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (3) not to use SMessage for illegal purposes; (4) not to interfere or disrupt networks connected to SMessage; (5) to comply with all regulations, policies and procedures of networks connected to SMessage; and (6) not to use SMessage to collect or harvest personal information, including, without limitation, financial information about other users of SMessage.

The Service makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. If you send spam or unsolicited messages, your account will be terminated immediately. The Service will turn over any and all information regarding the incident to any person who requests it.

You agree not to transmit through SMessage any unlawful, harassing, discriminatory, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You agree not to send transmissions through SMessage which attempt to impersonate the identity of someone else. You also agree not to send unsolicited or unwanted messages to parties with the intention of remaining anonymous to them.

You shall not interfere with another member's use and enjoyment of SMessage or another entity's use and enjoyment of similar services.

The Service may, at its sole discretion, immediately terminate your access to SMessage should your conduct fail to conform with these terms and conditions of this ToU.

Since it is SMessage's policy to respect your privacy, SMessage will not monitor, edit, or disclose the contents of your private communications, other than the Registration Data discussed in Section 2 above, unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the requirements of the law or comply with legal process served on SMessage; (2) protect and defend the rights or property of SMessage; or (3) act under exigent circumstances to protect the personal safety of its members or the public. For violations of the TofU, SMessage reserves the right to monitor use by offending individuals, particularly in cases of unwanted and unsolicited messages.

You acknowledge and agree that SMessage neither endorses the contents of your or third party's communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

You acknowledge and agree that certain technical processing or reformatting of scheduling data or email messages and their content may be required to: (1) send and receive messages; (2) perform planning and scheduling functions; (3) conform to connecting networks' technical requirements; (4) conform to the limitations of the Service; or (5) conform to other similar requirements. For more information see the Stealth Message Privacy Statement.

In addition SMessage may provide encryption software in order to protect the privacy of your communications. However, SMessage shall not be liable if such encryption software fails to protect the privacy of your communications. You agree that you are solely responsible for ensuring that your use of any encryption software provided to you by SMessage is, at all times, in compliance with the export control laws of the United States and any other applicable jurisdiction.

User account, passwords, key codes and security

If in the event that you create an SMessage account based on a unique e-mail address, you certify that you are the rightful recipient of emails sent to this address. Once you create an account with SMessage, you shall specify a password. If you are already a registered Service user, you may log in using your email ID and SMessage password. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to immediately notify the Service of any unauthorized use of your account or any other breach of security known to you.

Errors and Disclaimers of Warranties

We and our content suppliers ("Content Providers") endeavor to provide a convenient, accurate and functional web-based service. All of the information contained on SMessage is obtained from sources that we believe are accurate and reliable. However, the Content Providers do not guarantee that the information provided will be sufficient or appropriate for every individual or situation. Consequently, you use the site at your own risk. The information provided may not be accureate, work for your particular situation, or be suitable or appropriate for you. We also do not guarantee that SMessage will be error free or that it or the server that operates it are free of viruses or other harmful components. We urge you to keep backup copies of material, if any, that you maintain on or use with SMessage. If your use of SMessage results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.

Without limiting the foregoing, everything on SMessage is provided to you "as is" and as available without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security, completeness, merchantibility, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

SMessage also makes no warranty that it will meet users' requirements nor does SMessage make any warranty regarding any goods or services purchased or obtained through SMessage or any transactions entered into through SMessage. No advice or information, whether oral or written, obtained by the user by you from SMessage or the through SMessage shall create any warranty not expressly made herein.

Limitation of Liability

Our aggregate liability, if any, to you for all claims arising out of or in connection with SMessage or SMessage content is limited to one hundred Canadian Dollars (CDN $100.00). Neither Stealth Message nor any other party involved in creating, producing, or delivering SMessage shall be liable for any incidental, special, consequential or indirect damages resulting from your access to, or use of, or inability to use SMessage and SMessage content, whether based on warranty, contract, tort(including negligence) or any other legal theory, and whether or not we know of the possibility of such damage. You acknowledge that without these limitations, we could not provide low cost and/or free access to SMessage. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.

No Resale or Reverse Engineering

You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from programming contained in SMessage. You agree not to modify programming contained in SMessage in any manner or form, or to use modified versions of the programming contained in SMessage including (without limitation) for the purpose of obtaining unauthorized access to SMessage.

You agree not to access SMessage by means other than through the interface that is provided by the Service for use in accessing SMessage.

You agree not to sublicense or assign the license granted under this agreement, without prior written authorization from SMessage. This ToU is intended to apply to the use of SMessage by individuals. Companies, groups and organizations wishing to use SMessage should contact our corporate offices.

Content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by SMessage or its advertisers may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by Stealth Message or its advertisers, and may not copy, transmit, or create derivative works of such content or information without express authorization.

Data Storage and Other Limitations

The Service assumes no responsibility for the deletion of data, or failure to store data or other information included by you on the service. The Service may publish from time to time an upper limit on the amount of resources members may utilize, including volume of messages.

SMessage retains the right, at its sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of the ToU and may terminate your usage of SMessage if your conduct is found to be inconsistent with the ToU.

Indemnification

Since you are responsible for your transmissions and their consequences, you agree to indemnify and hold Stealth Message, 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 your use of SMessage, your violation of this ToU, or your infringement, or another user of SMessage using your computer or password, of any intellectual property or other right of any person or entity.

Termination

Either you or Stealth Message may terminate SMessage with or without cause at any time and effective immediately. Stealth Message shall not be liable to you or any third party for termination of SMessage.

You acknowledge and agree that any termination of service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that SMessage may immediately delete and discard all information and files in your account and bar any further access to such files of SMessage.

Should you object to any terms and conditions of the ToU or any subsequent modifications thereto or become dissatisfied with SMessage in any way, your only recourse is to immediately discontinue use of SMessage or notify SMessage of termination.

Upon termination of the Service, your right to use SMessage and Software immediately ceases. You shall have no right and SMessage will have no obligation thereafter to forward any unread or unsent messages or data to you or any third party. Notice

All notices to a party shall be in writing and shall be made either via email or conventional mail. The Service may broadcast notices, links to notices, or messages through the Service to inform you of changes to the ToU, SMessage, or other matters of importance; such broadcasts shall constitute notice under the terms of the ToU.

Participation in Advertiser Promotions

You may enter into correspondence with or participate in promotions of the advertisers showing their products on SMessage. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. The Service assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

General

Applicable Law

The ToU shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada excluding its conflict of law provisions.

You agree that the laws of British Columbia and Canada apply to any issue that may arise with Stealth Message regarding this site, and to settle disputes in the courts of British Columbia.

If any provision of the ToU is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

SMessage's failure to exercise or enforce any right or provision of the ToU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Service in writing.

You and SMessage agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Language

The parties have agreed that the present Agreement shall be written in the English language. Les parties ont convenus que la présente convention sera rédigée en anglais.

You should assume that everything you see or read on this Site is copyrighted unless otherwise noted. The copyright in this site and the underlying code files which implement the processes and graphic features of the pages are the property of SMessage and its licensors unless otherwise stated. The reproduction or use of part or all of the content of this Site in any way (including without limitation viewing, down loading, printing and saving) is prohibited except in accordance with the following conditions: Whenever you reproduce or use any part, you must include this notice, acknowledge SMessage as the source, and include the www.StealthMessage.com address. You may download material displayed on this Site for noncommercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Site for any public or commercial purposes without written permission from an authorized respresentative of SMessage. In general, you may reproduce these pages for the purpose of browsing them, or providing hypertext links to them. All content contained in pages that are linked to does not belong to SMessage and is the property of their respective owners. We have not reviewed the content linked to. Your right to reproduce and use the content linked to is (1) subject to the conditions that the respective owners may impose, and (2) is at your own risk. SMessage reserves the right to revoke these permissions at anytime without reasonable notice.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Site are registered and unregistered trademarks of SMessage and others. Your use of the trademarks displayed on the Site is strictly prohibited.

You may link to the pages on this site, although we would appreciate it if you would let us know that you have done so.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Stealth Message and StealthMessage.com are services of Codence Innovations Corp.