The following are the terms and conditions for use of the eCipher Express and Anywhere Service including present products and future features offered by Essential Security Software and other services which may be offered from time to time by Essential Security Software, Inc. ("ESS") for use with your eCipher or other ESS accounts (each feature individually and collectively referred to as the "Service"). This Service Agreement (“Agreement”) is an agreement for the licensed use of software and services granted by Essential Security Software, Inc. (“Licensor”). Licensor is a Texas corporation with its principal place of business located at 1111 W. Mockingbird Lane, Suite 820 Dallas, Texas 75247 USA. This Agreement is entered into between Licensor and the user of the products covered by this Agreement, either an individual or a single entity (“Licensee”). Licensor and Licensee are collectively referred to in this Agreement as the ''Parties.' ESS Software and Services is provided and should only be used by individuals who are at least 18 years old or to minors who have parental consent to open and maintain an account.

Each licensee is solely responsible for his or her transmissions through their eCipher account.

As a condition of your use of the Service, you affirm to ESS, that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

By registering an address with ESS, you agree to be bound by the terms outlined in this Service Agreement. ESS may, at its sole discretion, immediately terminate service without cause or notice, should licensee's conduct fail to conform to these conditions.

1. Some ESS products and services are internet-based. Thus, the internet is utilized to send and receive communications and data. You agree to be bound by Internet regulations, policies and procedures.

2. You agree to comply with all applicable local, state, national and international laws and regulations. You also agree to not use your eCipher or other ESS Software or Services for illegal purposes; to not interfere or disrupt networks connected to this service; and to comply with all the rules, policies and procedures connected to this service.

3. You will not use the Service to send junk email, spam, chain letters or use email lists that contain any person that has not specifically agreed to be included on that list.

4. You agree not to transmit, or allow others to use your address to transmit, through your Software or Service account, any objectionable material including, but not limited to, unlawful or harassing, libelous, abusive, threatening, harmful, vulgar or obscene material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate items discussed in #2 above.

In consideration of the mutual promises made in this Agreement, Licensor and Licensee agree that the terms and conditions set forth as follows will apply to the license of the computer program software described in the Agreement. By installing, copying, or otherwise using the COMPUTER PROGRAM SOFTWARE COVERED BY THIS aGREEMENT, LICENSEE agreeS to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, DO NOT INSTALL, COPY, OR USE THE COMPUTER SOFTWARE PRODUCT.

ESS maintains a "zero-tolerance" spam policy. Anyone found to be generating spam from within our system will have their licensee privileges revoked immediately. Persons attempting to forward spam email messages inbound to our system will be blocked and prevented from sending further email to any ESS licensees.

Please note, however, that many messages appearing to originate from ESS (or any other) mail servers could contain "forged headers", written by the party originating the messages to make them appear to come from somebody else. This is done to avoid action normally taken against those abusing email systems and to cause damage to the reputation of the parties appearing to have sent the messages. Experienced investigators can tell immediately whether headers have been forged and where the message actually originated; thus, it is important that any mail forwarded to us for investigation contains the complete headers from the original message.

ESS may terminate your access to the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. ESS has no obligation to store or forward the contents of your account.

If there is any indication that you are using your account for illegal activity, your account will be terminated immediately and without notice. Activities that are absolutely not tolerated include the purchase or sale of substances that are illegal in many jurisdictions, purchase or sale of stolen goods, making threats to person or property, possession or distribution of child pornography, and fraud.

The amount of message storage space per member is limited per terms of your eCipher Express or Anywhere account. Some email messages may not be processed due to space constraints or outbound message limitations. Current message size is limited to a total of 3.9 megabytes, this maximum message size limit may change at any time without notice. You acknowledge that messages and other data stored on ESS servers may be deleted at any time without notice. You agree that ESS is not responsible or liable for the deletion or failure to store messages or other information.

The links included within this Web site may allow you leave the ESS site and visit third party sites. These third party sites are not under the control of ESS. ESS is not responsible for the contents of any third party site nor is ESS responsible for the functionality of any third party site. ESS provides links to our service to you strictly as a convenience. A link's inclusion in a ESS site does not endorse the site or their operators.

Any promotions sponsored by Advertisers to the Service or dealings with the Advertisers directly are solely between you and that third party. ESS is not responsible in any part of any such connections or dealing with advertisers or their promotions.

ESS reserves the right to review and change this agreement regarding the use of the Service at any time and to notify you by posting an updated version of the agreement on this Web site. You are responsible for regularly reviewing ESS policies. Continued use of the Service after any such changes shall constitute your consent to such changes.

The information and services included in or available through the Service may include inaccuracies or errors. ESS may make improvements and/or changes to the Service at any time without notice.

ESS does not guarantee that eCipher Express, Anywhere or other products and Services will be uninterrupted or error-free, that bugs or malfunctions will be corrected, or that the Service and its servers are free of harmful components. ESS does not guarantee that the uses of its Service, or the materials provided within the Service, are accurate, without error, or reliable. ESS does not guarantee that advertised features may ever materialize.

ESS provides its Service "as is". The Company makes no warranty or covenant in regards to the availability, reliability, or timeliness of the Service. ESS is not responsible for the appropriateness of the Service for any one purpose.

ESS will not be held responsible for any and all damages whatsoever as a result of the loss of use, data or profits connected to the performance of your eCipher Account. The licensee is solely responsible for any and all information that passes through the ESS servers. ESS is not responsible or liable for any product or service acquired or requested using the Service. The sole remedy is for licensees to discontinue their use of ESS and its related Web sites.

LICENSEE AGREES THAT ITS EXCLUSIVE REMEDIES, AND LICENSOR'S ENTIRE LIABILITY WITH RESPECT TO THE SOFTWARE OR SERVICE IS AS SET FORTH IN THIS AGREEMENT. LICENSEE FURTHER AGREES THAT LICENSOR SHALL NOT BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARIS- ING OUT OF ITS USE OR INABILITY TO USE THE SOFTWARE OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. LICENSOR SHALL NOT BE LIABLE IF THE SOFTWARE OR SERVICE’S FAILURE IS CAUSED BY ACTS OR OMISSIONS OF A SERVICE PROVIDER, EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION, TELECOMMUNICATIONS OR COM-PUTER EQUIPMENT FAILURES OR ACTS OF GOD I.E., FLOODS, EARTHQUAKES OR OTHER EVENTS BEYOND LICENSOR’S CONTROL WHICH DAMAGES OR DISRUPTS LICENSOR’S AUTHENTICATION SERVER OR OTHER HARDWARE NECESSARY FOR THE SOFTWARE TO PROPERLY OPERATE. LICENSOR ASSUMES NO LIABILITY FOR SERVICE OUTAGES OR FOR FAILURE TO STORE, DELIVER OR TIMELY DELIVER ANY INFORMATION, MESSAGES OR CONTENT. LICENSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECULATIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SOFTWARE, RELIANCE ON THE SOFTWARE, INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE USE OF THE SOFTWARE. LICENSOR SHALL NOT BE LIABLE FOR INJURIES TO PROPERTY ARISING FROM USE OF THE SOFTWARE OR ANY EQUIPMENT USED IN CONNECTION WITH THE USE OF THE SOFTWARE. LICENSEE AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LICENSOR AND LICENSOR’S PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM (A) LICENSEE’S USE OF THE SOFTWARE, (B) ANY OTHER PERSON’S USE OF THE SOFTWARE, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY LICENSEE, OR (C) THIS AGREEMENT OR LICENSEE’S PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. LICENSEE WAIVES ALL LAWSAND REGULATIONS, STATE AND FEDERAL, THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

You agree that Essential Security Software, its parents, subsidiaries, officers and employees, cannot be held responsible for any third party claim, demand, or damage, including reasonable attorneys' fees, arising out of your use of ESS Software or Services.

Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct Software thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. United States export regulations may be found at 15 C.F.R. part 700-799 and 22 C.F.R. Part 120. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Software from the U.S. Licensee shall not download or otherwise export or re-export the Software or the underlying information or technology (a) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions covering the Software, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders.

Licensee shall not assign or otherwise transfer Licensee’s rights under this Agreement, including the License granted in this Agreement or the Software Product obtained pursuant to this Agreement without the prior written consent of Licensor. Any attempt to make such an assignment without Licensor's consent shall be void.

Licensor recognizes and acknowledges Licensee’s expectation that Licensee’s identity and use of the Software Product will remain private and confidential and Licensor agrees to keep confidential and not disclose or communicate to any third party any information obtained from Licensee or as a result of Licensee’s use of the Software Product, whether such information is the identity of the Licensee, email address or content, Licensee’s licensee activity or any other information that will directly or indirectly disclose the identity of the Licensee, the content of any transmissions from or two Licensee or information concerning the frequency of Licensee’s use of the Software Product.

All ESS paid services including, but not limited to, eCipher Pro, Express, Premium, etc.) are pre-paid yearly subscriptions.

Refunds will be issued for subscriptions if the request for cancellation is requested by email within 72 hours of purchase, and the account has not been accessed.

· Disputed charges will result in the immediate termination of associated services.

This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.

CONTACT INFORMATION

If you have any questions about this Software Agreement, or if you want to contact Essential Security Software, Inc. for any reason, please direct all correspondence to: Essential Security Software, Inc., 1111 W. Mockingbird Lane, Suite 820 Dallas, Texas 75247 USA, email: info@essentialsecurity.com

By register, using and/or installing any ESS Service or Software, you certify that you have read and understood this Agreement and agree to be bound by its provisions.