RPost Transactional Archive Service General Terms

This agreement for “RPost Transactional Archive Service General Terms” supplements the LEGAL NOTICE section of the RPost website (www.rpost.com), and its subsections that include (a) General Terms, Conditions and Privacy Notice, and (b) Service Level Agreement.

1. Description of Services

Subject to RPost's acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, RPost will provide You with the following service (the "Basic Service"): (a) RPost will establish one (1) online  archive  account associated with i) your email address  (for individual users) or ii) e-mail domain (for enterprise users)  on the RPost servers, (the "Account"); (b) RPost will use the Account to store all records associated with  RPost Registered E-mail messages sent from (i) your e-mail address  (for individual users)  or (ii) your e-mail domain (for enterprise users)  these records will include copies of the messages and RPost Delivery receipts associated with the messages; (c) RPost will initially allow you to store up to a total of 1000 megabytes of data files in your Account on a trial basis for 14 days; (d) RPost will allow You to retrieve data files from Your Account; (e) If sub-accounts are created by an domain main account holder, the main account holder is responsible for all the actions arising from the sub-account holders, and will make sure that all the terms and conditions described here are adhered to by the sub-account holders; and (f) in Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access. All other terms and conditions are described in RPost’s general terms of service available at www.rpost.com.

2. Conditions of Use

You are solely responsible for the content of all e-mail messages You store or retrieve from, or attempt to store or retrieve from, Your Account and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations and all agreed restrictions that apply to the transmission of RPost’s Registered E-mail messages. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) 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; (iv) any code or material that violates the intellectual property rights of others;  or (v) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (d) not use the Service for any spamming or unsolicited e-mail marketing, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account; (g) not use sharing features in a way that amounts to 'publishing' and restrict the use of sharing features to share data between friends, colleagues and business partners, in a very limited sense; (h) RPost service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. RPost may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. RPost is NOT a service for storing and disseminating large amounts of data to large number of recipients. The RPost archive service is a service for archiving receipts generated by RPost’s Registered E-mail system. RPost is not responsible for any business interruptions that may be caused due to this process.

Any link(s) provided through a web site or a mass e-mail to download/upload files stored at RPost Accounts is completely unacceptable and would be considered as violation of terms as per the (g) clause mentioned above.

3. Registration Information/Credit Card Charges/Storage Over Limits

You will promptly notify RPost of any change in the information You provide on Your registration form during Your registration for this or other RPost Services (including, without limitation, any change in Your mailing address, telephone numbers or e-mail address). The registration information provided by You on Your registration form during Your registration for the Service, together with any and all updates provided by You from time to time under this paragraph, is referred to in this Agreement as the "Registration Information." RPost's policy regarding the privacy and use of the Registration Information is set forth in RPost's privacy policy, as the same may be modified and amended by RPost from time to time (the "Privacy Policy"). When You accept this Agreement, You acknowledge that You agree to the terms of the Privacy Policy and terms of general service.

You authorize a recurring monthly or annual charge to your credit card or other billing method in exchange for use of the RPost service as indicated by published standard plans or a customized quote provided for your specific use.

RPost will not issue any pro-rated refunds for the remaining period during the month when an account with a monthly subscription plan ("current plan") is downgraded to a smaller plan ("new plan") (a plan that costs less per month than the current plan) during the middle of a month. However the rate applicable to the new plan will automatically be charged starting the first of the subsequent month.

3a. Use of IP Addresses

An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. RPost may collect IP addresses for the purposes of system administration, to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with RPost’s general terms of service or to protect our service, site, customers, or others. Some services and e-mails sent from RPost, such as registration related, may display IP addresses along with the message.

3b. Automatic conversion of Trial to Paid Accounts

RPost may offer trial accounts that require users to provide credit card information which may be used to convert the trial to a paid account at the end of free trial period. If the card transaction fails at the end of free trial period, an e-mail would be sent to the user requesting the user to upgrade the account manually online. In addition, status of the account (Free Trial or Paid), Number of free trial days remaining and Option to Opt for the paid account are prominently displayed on the browser application once user logs in. If the user fails to upgrade to a paid account before end of free trial, account may be terminated.

3c. Use of Cookies

Some parts of RPost’s website will use cookies to collect information about visitors' use of the website. This information collected from cookies is used to improve the functionality of the website while navigating across different sections. The personal user is not identifiable from this information.

A cookie is a message that is sent to your browser from a Web server and stored on your computer's hard drive. Most Internet sites use cookies.

4. Account  Password. Security and Privacy

After You accept this Agreement and Your registration has been accepted by RPost, You will receive a confirmation by e-mail that your Account has been established. You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password. You will notify RPost of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.

By arrangement with RPost, holders of Enterprise  Accounts may designate an individual, identified by e-mail address as the Domain Administrator.  The Domain Administrator shall have unrestricted access to all records, including all Registered e-mail contents, of all users within The Enterprise Account's e-mail domain. The administrator will also have the ability to prevent users from deleting messages and records from the archive for that e-mail domain.  The domain account holder assumes responsibility to inform all relevant parties within the e-mail domain of the the administrator's access and control over this information and its possible privacy and security upshots.  The Domain account holder will hold RPost blameless and free of liability for any consequences that may arise from the Domain administrators management of the archive for the e-mail domain.

5. Security of Stored Data

RPost will endeavor to restrict access to the data and messages stored in Your Account to persons accessing such data and messages through use of Your Account or Password. However, it may be necessary to access users’ accounts for support requirements. It may also be necessary to access users’ accounts to verify that the accounts are not being misused, especially with respect to digital copyright laws and resource misuse checks including bandwidth.

6. Content of Stored Data and Files

You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on RPost's servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. RPost normally does not review, inspect, edit or monitor any content, data or files stored by You or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if RPost has suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, RPost reserves the right to examine the content of the online storage and backup account. In addition, RPost may be asked to provide user data and logs as a part of a legal issue in a third party case by a court order or a subpoena, discovery request or other lawful process that may override privacy rules. RPost reserves the right to refuse, remove or disable access to any data or files stored on RPost's servers with immediate effect that RPost learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable.

6a. Transaction records

The RPost Transaction Archive stores copies of all authorized Registered Receipt e-mails sent from the address (for individual accounts) or e-mail domain (for domain accounts) together with all receipts as records generated by those Registered E-mail messages.   Multiple copies of these records are maintained online. RPost may also keep a copy of data at a geographically distanced data center from the primary location for additional protection. However, we advise you to audit your logs periodically to ensure that all records of your Registered E-mail transactions are taking place successfully and in case of errors, take corrective action.

7. Disclaimer of Warranties

The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. RPOST, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. RPOST MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; OR (D) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

8. Limitations of Liability

IN NO EVENT SHALL RPOST OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.

9. Indemnification

You will defend, indemnify and hold RPost, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the RPost servers and (c) any violation of this Agreement by You.

10. Termination

Either you or RPost may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 11 below. Further, if RPost believes that You have violated Your obligations under this Agreement, RPost may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data any files stored by You on RPost's servers and/or terminate this Agreement. RPost will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify RPost of such termination. Upon any termination of this Agreement, RPost will remove your stored data files from main storage and archives within five (5)-day period from termination notice. Paragraphs 7, 8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.

11. Notices

Any notice under this Agreement given by RPost to You will be deemed to be properly given if sent by e-mail to Your e-mail address as set forth in the Registration Information, or by a startup screen that starts before Your next use of the Service or by written communication mailed by first class U.S. mail to Your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working e-mail id and update it if necessary to be able to receive RPost's communication. Any notice under this Agreement given by You to RPost will be deemed to be properly given if given by e-mail sent to RPost's Customer Service at support@RPost.com as long as proof of receipt by RPost can be demonstrated upon request, except those that are related to cancellation or termination of the account.

12. Severability

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

13. Modifications to this Agreement

The terms and conditions of this Agreement may be changed by RPost from time to time. Upon any such change, RPost will notify You of such change in accordance with paragraph 11 above and post an updated version of this Agreement on the RPost's RPost website located at http://www.RPost.com. Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions.

14. Miscellaneous

Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. RPost's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.

1- General Service Terms, Conditions and Privacy Notices

2- General Service Level Agreement

v61708