This Secured Mailonline agreement (the 'Agreement') is entered into by and between Secured Mail and the entity agreeing to the terms herein ('Customer'). This Agreement will be effective as of the date you click the 'I Accept' button below (the 'Effective Date'). If you are accepting on behalf of your employer or another entity, you represent and warrant that:

• (i) you have full legal authority to bind your employer or such entity to these terms and conditions;
• (ii) that you have read and understand this Agreement; and
• (iii) that you agree, on behalf of the party that you represent, to this Agreement. If you don't have the legal authority to bind, please do not click the “I Accept” button below. This Agreement governs Customer's access to and use of the Service (as defined below).

1. Definitions.

• 1.1 “Customer Domain Name(s)” means the domain name(s) owned by Customer and approved by Secured Mail for use with the Service (as defined below).
• 1.2 “Customers” mean Customer's Customers who utilize any of the Secured Mail Service.
• 1.3 “Customer Account” means Secured Mail -hosted accounts provided to Customer's Customers through the Service for the purpose of enabling such Customers to use the Service. Secured Mail may limit the number of available Customer Accounts it provides to Customers of Customer at its sole discretion.
• 1.4 “Service” means the services referred to by Secured Mail as “Secured Mail for Your Domain” or “Secured Mail Service” that are hosted by Secured Mail and described in this Agreement, which may include without limitation, the Hosted Communication Services and the Start Page Service.
• 1.5 “Hosted Communication Services” means the hosted services provided by Secured Mail here under that provide Customer with Secured Mail -hosted Customer Accounts for its Customers for the purpose of (i) enabling Customers to send and receive email and/or instant messages at one or more Customer Domain Names and (ii) any other functionality, products and/or services that Secured Mail may provide from time to time as part of the Hosted Communication Services, as applicable.
• 1.6 “Start Page” means a Secured Mail -hosted web page provided through the Start Page Service.
• 1.7 “Start Page Service” means the service that provides Customer with a Secured Mail -hosted web page for its Customers that enables certain customization by the Customer through the administrative console and enables further customization by each Customer with an Customer Account.

2. Hosted Communication Services.

Secured Mail will use commercially reasonable efforts to provide the Hosted Communication Services to Customer during the term of this Agreement. Customer agrees that Secured Mail may serve advertisements (“Ads”) in connection with the Hosted Communication Services. Subject to the terms and conditions of this Agreement, Customer may use the Service to

• (a) provide Customer Accounts to its Customers, and
• (b) administer such Customer Accounts through the provided administrative console. Both parties acknowledge that an Customer is a customer of Secured Mail . Information collected by Secured Mail may be stored and processed in any of the “Data Secured Mail’s facilities. By using the Hosted Communication Services, Customer consents to any such transfer, processing and storage of information. Customer is solely responsible for monitoring, responding to, and otherwise processing emails sent to the “abuse” and “postmaster” aliases for Customer Domain Name(s); however, Customer acknowledges and agrees that Secured Mail may also monitor, respond to or otherwise process emails sent to such aliases for Customer Domain Name(s). Customer acknowledges that the Hosted Communication Services are an email solution and is not to be used in case of any emergency. Customer agrees that any revenue generated by Secured Mail from the Ads or otherwise derived by Secured Mail from the Hosted Communication Services will be retained by Secured Mail and not be subject to any revenue sharing.

3. Start Page Service.

Secured Mail will use commercially reasonable efforts to provide the Start Page Service to Customer during the term of this Agreement. Subject to the terms and conditions of this Agreement, Customer may use the Start Page Service to

• (a) provide a Start Page to its Customers, and
• (b) administer such Start Page through the provided administrative console.

• 3.1 Search Box and Search Results. Customer agrees that Secured Mail will display a Secured Mail search box (“Search Box”) in the position specified by Secured Mail on the Start Page. All search queries must originate from individual human Customers inputting data directly into the Search Box. Secured Mail will use commercially reasonable efforts to provide search results (“Search Results”) in response to queries processed through the Search Box. Customer agrees that Secured Mail may serve advertisements (“Ads”) in connection with the Search Results. Search Results and any accompanying Ads will be displayed on Web pages hosted by Secured Mail (each, a “Search Results Page”), the format, look and feel of which may be modified by Secured Mail from time to time. Customer agrees that any revenue generated by Secured Mail from the Ads or otherwise derived by Secured Mail from the Start Page Service will be retained by Secured Mail and not be subject to any revenue sharing.
• 3.2 Start Page Content. Customer may use the administrative console of the Start Page Service to add modules.Furthermore, Secured Mail may provide access to other content for Customer or Customers to enhance the Start Page (such as current news and weather information) from publicly available sources or which Secured Mail licenses from third parties (“Additional Content”). Customer Content shall be hosted by Customer and contained in the modules identified as Customer's content on the Start Page. Customer Content shall conform to Secured Mail 's reasonable technical requirements, including but not limited to size, dimensions and language, and Secured Mail 's content policies. Areas on the Start Page not reserved for Customer Content may be modified by Secured Mail from time to time at its sole discretion. Notwithstanding the foregoing, the parties further acknowledge that Customers will have the ability to make personal customizations to certain aspects Start Page through an Customer Account, and such customization may include moving or removing modules, whether containing Customer Content or Additional Content, and/or including new content from third party content providers (e.g., via RSS feeds or similar). The parties further agree that revenue generated, if any, from each party's content on the Start Page shall be retained by such party and shall not be subject to any revenue sharing or payment commitments hereunder.
  • 3.2.1 Appropriate Customer Content. Customer agrees that all Customer Content is the sole responsibility of Customer. Secured Mail reserves the right, but shall have no obligation, to pre-screen, refuse or move any Customer Content available via the Start Page Service. Without limiting the foregoing, Secured Mail and its designees shall have the right to remove any Customer Content or other content that violates this Agreement or is otherwise objectionable. Customer understands that by using the Start Page Service, that Customers may be exposed to content that is offensive, indecent or objectionable, and that Customer and its Customers use the Start Page Service at their own risk.
  • 3.2.2 Disclaimer Regarding Additional Content. Additional Content may be provided by third parties and may be modified or removed by Secured Mail at any time, including at the request of those third parties. Third party providers of Additional Content may include financial exchanges and may be delayed as specified by such financial exchanges or Secured Mail 's data providers. Secured Mail does not verify any data and disclaims any obligation to do so. Secured Mail , its data or content providers, the financial exchanges and each of their affiliates and business partners
    • (a) expressly disclaim the accuracy, adequacy, or completeness of any data, and
    • (b) shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. Neither Secured Mail nor any of its information providers will be liable for any damages relating to Customer's or Customer's use of the information provided herein. As used here, “business partners” does not refer to an agency, partnership, or joint venture relationship between Secured Mail and any such parties. Customer agrees not to copy, modify, reformat, download, store, reproduce, reprocess or redistribute any data or information from the Additional Content or use any such data or information in a commercial enterprise without obtaining prior written consent. All data and information is provided “as is” for personal informational purposes only, and is not intended for trading purposes or advice. A broker or financial representative should be consulted to verify pricing before executing any trade. Either Secured Mail or its third party data or content providers have exclusive proprietary rights in the data and information provided.
• 3.3 Access to the Start Page. Customer understands that the Start Page is hosted on a publicly accessible web server by Secured Mail , and third parties other than Customers may be able to view and access the Start Page and any Customer Content and Additional Content on the Start Page.

• 4.1 Domain Records. Customer authorizes Secured Mail to correspond with Customer’s Registrar Partner(s) on Customer’s behalf and to make changes to Customer’s records with such Registrar Partner(s) in order to facilitate the functioning of the Services offered under this Agreement. Customer authorizes Secured Mail to, at its option, become the Technical, Billing or other contact for domains registered through the Domain Service.
• 4.2 Transfer. Customer understands that Secured Mail may change its Registrar Partners or begin providing such domain name registration services itself at any time and at its sole discretion. In connection with such a change, Secured Mail may change Customer’s Registrar. Customer authorizes Secured Mail to act as the agent of the Registrant for the limited purpose of requesting such a change and completing any necessary forms or agreements. Customer also authorizes Secured Mail to become and reset the Administrative Contact for the limited purpose of transferring Customer Domain Name(s) and completing any necessary forms or agreements.

5. Customer Obligations.

• 5.1 Customer Terms. Customer acknowledges that its Customers will be bound by terms documented by Secured Mail. In the event that Customer becomes aware of any Customer's violation of any applicable terms of use or policy, Customer agrees to (i) promptly notify Secured Mail and (ii) immediately suspend or terminate such Customer Account unless Secured Mail agrees otherwise in writing (including by email). At Secured Mail 's request, Customer will promptly suspend or terminate any Customer Account or administrator's access to the Service in response to a violation of any applicable terms of use or policy by an Customer or administrator. Secured Mail reserves the right at its discretion to suspend or terminate the Customer Account of any Customer.
• 5.2 Privacy Policies. This policy explains how Secured Mail treats your personal information, and protects your privacy, when you use the Secured Mail for your Domain. You agree to the use of your data in accordance with Secured Mail ’s privacy policies. Customer agrees to comply with the policy for the Service available at http://www.securedmail.in/Privacy-policy.htm which may be updated from time to time.
  • 5.2.1 Start Page. Secured Mail may provide Customer with certain aggregate data concerning the characteristics and activities of Customer usage of the Start Page Service. Customer will not (and will not allow any third party to) use the Start Page Service to track or collect personally identifiable information of Customers or other Internet users, nor will Customer (or will Customer allow any third party to) associate any Analytics Data or other data gathered from the Start Page Service with any personally identifying information from any source.
  • 5.2.2 Customer Privacy Policies. Customer agrees to protect the privacy of its Customers of the Service through a policy communicated to its Customers and no less protective of its Customers than the Secured Mail Privacy Policy and the Secured Mail Privacy Policy referenced above.
• 5.3 Customer Administration of the Services. Customer will receive a password and account to use in connection with administering the Customer Accounts of its Customers and the Start Page. Customer is responsible for maintaining the confidentiality of the password and account, designating those employees who are authorized to access the account, limiting the scope of such authorization to performance of duties under this Agreement, and for all activities that occur under Customer's account. Customer agrees to immediately notify Secured Mail of any unauthorized use of, or access to, the Service, Customer's password or account, or of any other breach of security. Secured Mail cannot and will not be liable for any loss or damage from Customer's failure to comply with these security obligations. Customer acknowledges and agrees that under no circumstances will Secured Mail be liable in any way for any acts or omissions of Customer or any Customer including any damages of any kind incurred as a result of such acts or omissions.
• 5.4 Deployment of Services. Furthermore, Secured Mail reserves final approval authority with respect to the means used by Customer to deploy each component of the Service, and in the event Secured Mail disapproves of such deployment, Secured Mail shall have the right, upon notice to Customer, to suspend any continued use of the Service until such time Customer implements adequate corrective modifications as reasonably required and determined by Secured Mail .
• 5.5 Usage Policies and Limits. Customer shall comply with any usage policies and limits concerning use of the Service as requested by Secured Mail from time to time, including without limitation:
  • (i) Secured Mail 's technical and implementation requirements;
  • (ii) Secured Mail 's brand treatment guidelines for the Service;
  • (iii) Secured Mail website terms of use and privacy policies; and
  • (iv) Secured Mail requirements for data security. Secured Mail shall have the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation and availability of any Service feature, without notice and without liability. Secured Mail shall have the right to impose limits on certain features or restrict access to parts or all of the Service without notice and without liability.
• 5.6 Permissible Use. Customer agrees to use the Service only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. Customer agrees that it will not engage in any activity that interferes with or disrupts the Service or servers or networks connected to the Service. In addition to this agreement, Customer's use of some specific Secured Mail services is governed by the policies or guidelines that are presented to Customer when Customer signs up for or accesses those services and which are specifically incorporated into this Agreement.

6. Restrictions.

Except as expressly permitted by Secured Mail, Customer shall not alter, delete or modify any attributions included within the Service. Customer shall fully comply with the restrictions set forth in the policies for the Service.Except for modifications made to the Start Page Service permitted through use of the Start Page Service administrative console, Customer agrees not to alter the Service or any information transmitted through the Service to Customers. Except as expressly set forth in this Agreement, Customer shall not transmit, display or otherwise make available (or allow Customers or any other third party to transmit or make available) the Service or the content thereof to any third party.

7. Confidential Information.

In connection with performance of its obligations hereunder, a party (the “Discloser”) may disclose to the other party (the “Recipient”) certain information that the Discloser considers confidential and/or proprietary (“Confidential Information”) including, but not limited to, tangible, intangible, visual, electronic, present, or future information such as:

• (a) trade secrets;
• (b) financial information, including pricing;
• (c) technical information, including research, development, procedures, algorithms, data, designs, and know-how;
• (d) business information, including operations, planning, marketing interests, and products;
• (e) any bugs, defects, security problems, and other issues relating to the Service; and
• (f) the terms of this Agreement and the discussions, negotiations and proposals related thereto. The Recipient will only have a duty to protect Confidential Information disclosed to it by the Discloser:
  • (1) if it is clearly and conspicuously marked as “confidential” or with a similar designation;
  • (2) if it is identified by the Discloser as confidential and/or proprietary before, during, or promptly after presentation or communication; or
  • (3) if it is disclosed in a manner in which the Discloser reasonably communicated, or the Recipient should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used. Customer acknowledges that the source and object code of the software underlying the Service (the “Software”) remains a confidential trade secret of Secured Mail and/or its licensors and that Customer is not entitled to review either the object code or the source code of the Software for any reason at any time. Recipient shall not disclose or cause to be disclosed any Confidential Information of Discloser, except to those employees, agents, representatives, or contractors of the parties who require access to the Confidential Information to perform under this Agreement (“Authorized Personnel”) and who are bound by written agreement not to disclose third-party confidential or proprietary information disclosed to Recipient, or as such disclosure may be required by law or governmental regulation. Furthermore, Recipient agrees to be responsible for any act and/or omission of any Authorized Personnel in breach of this Section. Recipient shall protect the Confidential Information of Discloser by using the same degree of care, but no less than a reasonable degree of care, that it uses to protect its own confidential information of a like nature to prevent its unauthorized use, dissemination or publication to any unauthorized third parties. A party's Confidential Information shall not include information that:
    • (i) is or becomes publicly available through no act or omission of Recipient;
    • (ii) was in the Recipient's lawful possession prior to the disclosure and was not obtained by Recipient either directly or indirectly from the Discloser;
    • (iii) is lawfully disclosed to the Recipient by a third party without restriction on Recipient's disclosure, and where Recipient was not aware that the information was the confidential information of Discloser; or
    • (iv) is independently developed by the Recipient without violation of this Agreement. Recipient may disclose Confidential Information solely as needed to comply with a court order, subpoena, or other government demand (provided that Recipient first used all commercially reasonable efforts to notify Discloser and to give Discloser the opportunity to challenge such court order, subpoena, or government demand except in situations where Recipient is prevented, per lawful government request, from disclosing the existence of the court order, subpoena, or other government demand). Results, analyses or other information generated in benchmarking and/or performance testing of the Service shall be Confidential Information of Secured Mail and shall, at the request of Secured Mail , be provided to Secured Mail . Each party acknowledges that damages for improper disclosure of Confidential Information may be irreparable; therefore, the injured party is entitled to seek equitable relief, including temporary restraining order(s) or preliminary or permanent injunction, in addition to all other remedies, for any violation or threatened violation of this Section

8. A Recipient

A Recipient shall have a duty to protect Confidential Information during the term of this Agreement and for a period of five (5) years thereafter.

9. Ownership; Restricted Use.

Secured Mail and its licensors shall own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below) relating to the Service (and any derivative works or enhancements thereof), including but not limited to, all software, technology, information, content, materials, guidelines, and documentation. Customer shall not acquire any right, title, or interest therein, except for the limited use rights expressly set forth in the Agreement. Any rights not expressly granted herein are deemed withheld. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. Secured Mail does not own third party content used as part of the Service, including the content of communications appearing on the Service. Title, ownership rights, and Intellectual Property Rights in and to the content accessed through the Service are the property of the applicable content owner and may be protected by applicable copyright or other law. Customer agrees not to, or to allow others to:

• (i) adapt, translate, or modify the Software;
• (ii) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover the source or object code of the Software, except to the extent applicable laws specifically prohibit such restriction;
• (iii) copy the Software;
• (iv) use the Service for High Risk Activities as described in Section 13; or
• (v) sublicense, loan, sell, rent or lease the Service, or any component thereof. Any and all third party binary or source code included in each portion of the Service may be used only in conjunction with such portion of the Service, and such use shall be subject to all the terms and conditions of this Agreement. THE SERVICE OR ANY PORTION THEREOF MAY NOT BE USED, COPIED, TRANSFERRED, OR MODIFIED EXCEPT AS EXPRESSLY PERMITTED BY THIS AGREEMENT.

10. Brand Features.

As used in this Agreement, “Brand Features” shall mean the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Except as expressly allowed by Secured Mail , any Brand Features, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the Service provided to Customer shall not be removed or altered. Subject to the terms and conditions of this Agreement, Customer grants to Secured Mail a limited, nonexclusive and nonsublicensable license during the term of this Agreement to display those Customer Brand Features expressly authorized for use in this Agreement, solely for the purposes expressly set forth herein. Notwithstanding anything to the contrary, Customer may revoke the license granted herein to use Customer's Brand Features upon providing Secured Mail with written notice thereof and a reasonable period of time to cease such usage. The pages displaying the Service to Customers (“Service Pages”) including the Start Page may display Customer's Brand Features within the designated area of Service Pages as Customer shall specify from time to time using the automated features included in the Service. Notwithstanding the foregoing, Secured Mail may prominently display on all Service Pages Secured Mail 's Brand Features. Each party shall own all right, title and interest, including without limitation all Intellectual Property Rights, relating to its Brand Features. Except to the limited extent expressly provided in this Agreement, neither party grants, and the other party shall not acquire, any right, title or interest (including, without limitation, any implied license) in or to any Brand Features of the first party; and all rights not expressly granted herein are deemed withheld. All use by Secured Mail of Customer Brand Features (including any goodwill associated therewith) shall inure to the benefit of Customer and all use by Customer of Secured Mail Brand Features (including any goodwill associated therewith) shall inure to the benefit of Secured Mail . Customer shall not challenge or assist others to challenge the Secured Mail Brand Features or the registration thereof, nor shall Customer attempt to register any Secured Mail Brand Features or domain names that are confusingly similar to those of Secured Mail .

11. PR. Customer

PR. Customer agrees not to issue any public announcement regarding the existence or content of this Agreement without Secured Mail 's prior written approval. Secured Mail may

• (i) include Customer's Brand Features in presentations, marketing materials, and customer lists (which includes, without limitation, customer lists posted on Secured Mail 's web sites and screen shots of Customer's implementation of the Service) and
• (ii) issue a public announcement regarding the existence or content of this Agreement. Upon Customer's request, Secured Mail will furnish Customer with a sample of such usage or announcement.

12. Representations and Warranties.

Each party represents and warrants that it has full power and authority to enter into the Agreement. Customer represents, warrants, and covenants that:

• (i) Customer owns and controls one hundred percent (100%) of the Customer Domain Name(s);
• (ii) Customer has and will maintain all rights, authorizations and licenses that are required to permit Customer to use the Service;
• (iii) the execution and delivery of this Agreement, and the performance by Customer of its obligations hereunder, will not constitute a breach or default of or otherwise violate any agreement to which such party or any of its affiliates are a party or violate any rights of any third parties arising therefrom; and
• (iv) Customer shall comply with all laws, regulations and ordinances applicable to or otherwise connected with Customer's use of the Service.

13. Warranty Disclaimer.

CUSTOMER UNDERSTANDS AND AGREES THAT EACH SERVICE MAY CONTAIN BUGS, DEFECTS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE SERVICE INCLUDING ALL CONTENT, SOFTWARE (INCLUDING ANY UPDATES OR MODIFICATIONS TO THE SOFTWARE), FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED “AS IS” AND ANY USE THEREOF SHALL BE AT CUSTOMER'S OWN RISK. Secured Mail AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. Secured Mail ASSUMES NO RESPONSIBILITY FOR THE PROPER USE OF THE SERVICE. Secured Mail AND ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SERVICE. Secured Mail MAKES NO REPRESENTATION THAT Secured Mail (OR ANY THIRD PARTY) WILL ISSUE UPDATES OR ENHANCEMENTS TO THE SERVICE. Secured Mail does not warrant that the functions contained in the Service will be uninterrupted or error free. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE EFFECTIVE DATE. THE SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USES SUCH AS THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL OR LIFE SUPPORT SYSTEMS, WHERE THE FAILURE OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”).

14. Indemnification.

Customer shall indemnify, defend and hold harmless Secured Mail , its subsidiaries and other affiliates, and its and their officers, directors, owners, agents, co-branders or other partners, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability, costs, losses, damages, claims and demands, including without limitation attorneys fees and costs incurred by the Indemnified Parties, arising out of or related to

• (i) Customer Domain Name(s) and/or Customer Brand Features;
• (ii) Customer's use of the Service;
• (iii) Customer's disclosure of Customer information;
• (iv) any Customer Content;
• (v) any breach or non-compliance by Customer of this Agreement, any of Secured Mail 's policies, or Customer's representations or the provision of warranties contained herein; and
• (vi) any Customer's use of the Service.

15. Limitation of Liability.

IN NO EVENT WILL Secured Mail OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED (INCLUDING BUT NOT LIMITED TO USE, MISUSE, INABILITY TO USE, OR INTERRUPTED USE) AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT AND WHETHER OR NOT Secured Mail WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; OR FOR ANY CLAIM ALLEGING INJURY RESULTING FROM ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR DESTRUCTIVE PROPERTIES OF THE SERVICE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH, PERSONAL INJURY, OR WILLFUL MISCONDUCT TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FUTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL Secured Mail 'S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED RUPEES ONE HUNDRED). THE SERVICE IS PROVIDED WITHOUT CHARGE FOR BETA TESTING PURPOSES ONLY AND THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT.

16. Termination.

Customer may discontinue use of the Service at any time. Except as provided in Section 18, Secured Mail reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice. Customer agrees that Secured Mail may at any time and for any reason terminate this Agreement and/or terminate the provision of all or any portion of the Service. Notwithstanding the foregoing, Secured Mail will provide at least threedays’ notice to Customer prior to terminating or suspending the hosted email service (if provided to Customer); provided that such hosted email service may be terminated immediately if (i) Customer has breached this Agreement or (ii) Secured Mail reasonably determines that it is commercially impractical to continue providing such hosted email service in light of applicable laws. Customer agrees that Secured Mail shall not be liable to Customer, any Customer, or any third party for any modification, suspension, or termination of the Service. Sections 8 (Confidentiality), 9 (Ownership; Restricted Use), 12 (Representations and Warranties), 13 (Warranty Disclaimer), 14 (Indemnification), 15 (Limitation of Liability), 16 (Termination), 19 (Information Requests) and 20 (Miscellaneous) shall survive the expiration or termination of this Agreement.

17. Modification.

Except as provided in Section 18, Secured Mail reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement at an online location that Secured Mail may provide. Customer is responsible for regularly reviewing any updates to this Agreement. Any changes or modifications to this Agreement will become binding

• (i) when made in a writing executed by both parties,
• (ii) by Customer's online acceptance of updated terms, or
• (iii) after Customer's continued use of the Service after such terms have been updated by Secured Mail .

18. Fees.

Provided that Secured Mail continues to offer the Service to Customer, Secured Mail will continue to provide a version of the Service (with substantially the same services as those provided as of the Effective Date) free of charge to Customer to its desired period; provided that such commitment:

• (i) does not apply to the Domain Service described in Section 4 above; and
• (ii) may not apply to new opt-in services added by Secured Mail to the Service in the future. For sake of clarity, Secured Mail reserves the right to offer a premium version of the Service for a fee.

19. Miscellaneous.

Customer agrees that Secured Mail may provide Customer with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on Secured Mail services. Customer may not assign or otherwise transfer its rights or delegate its obligations under this Agreement, without the prior written consent of Secured Mail . Any attempted assignment in derogation hereof shall be null and void. Customer agrees that there shall be no third party beneficiaries to this Agreement. This Agreement shall be governed by and construed in accordance with the laws of India applicable therein, excluding its choice of law provisions, and Customer and Secured Mail agree to submit to the personal and exclusive jurisdiction of the courts located in Jaipur, India. Neither party shall be liable for failing or delaying performance of its obligations (except for the payment of money) resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. If any provision of this Agreement is found void and unenforceable, it shall be replaced to the extent possible with a provision that comes closest to the meaning of the original provision. The unenforceability of any provision, however, shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. THIS AGREEMENT CONSTITUTES A COMPLETE INTEGRATION OF ALL UNDERSTANDINGS BETWEEN THE PARTIES AND IS THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND Secured Mail RELATING TO THE SERVICE AND ALL TERMS HEREIN. THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SPECIFICALLY REFERENCED UNIFORM RESOURCE LOCATOR (AS SUCH URL MAY BE MODIFIED FROM TIME TO TIME, AS PROVIDED HEREIN) SHALL TAKE PRECEDENCE OVER ANY PURCHASE ORDER, WEB SITE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT OR OTHER DOCUMENT WHETHER FORMALLY REJECTED BY Secured Mail OR NOT, AND ANY CONFLICTING, INCONSISTENT, OR ADDITIONAL TERMS CONTAINED THEREIN SHALL BE NULL AND VOID. ADDITIONAL TERMS FOR USE OF ADDITIONAL SERVICES You are signing up for or have previously entered into a Secured Mail agreement ('Secured Mail Agreement') for Services (as defined under the terms of your Secured Mail Agreement) between the entity that signs up for (or has agreed to) the Secured Mail Agreement ('Customer') and Secured. Secured Mail may make more Secured Mail applications (beyond the Services) available from time to time through the control panel for the customer domain ('Additional Services'). By using such Additional Services, Customer agrees to the additional terms below ('Additional Terms'). If Customer does not wish to enable any of the Additional Services or you do not have the requisite authority to bind the Customer to these Additional Terms, please disable such Additional Services in the control panel. Capitalized terms used below but not defined below have the meaning ascribed to them under the Secured Mail Agreement.

• 1. Not Subject to your Secured Mail Agreement. The Additional Services are not governed by the Secured Mail Agreement, but are governed only by the applicable service-specific Secured Mail terms of service.
• 2. Use Constitutes Acceptance. Use of any Additional Service by any Customer constitutes Customer’s acceptance of the Secured Mail terms of service for such Additional Service.
• 3. Enabling or Disabling Additional Services. At any point in time, Customer can always enable or disable any of the Additional Services in the control panel.
• 4. Future Services. Secured Mail may offer other Additional Services that are not currently set forth and for which Secured Mail does not yet have terms of service. When these future Additional Services become available, they will be offered to Customer under these Additional Terms.
• 5. Availability. Not all Additional Services may be available in all countries.
• 6. Technical Support. Secured Mail will not provide the TSS for the Additional Services.
• 7. Third Party Requests. Customer is responsible for responding to Third Party Requests that apply to the Additional Services, unless otherwise stated in the applicable terms for each Additional Service. Secured Mail does not assist Customer with responding to such Third Party Requests.
• 8. Compliance with Laws. Customer is responsible for ensuring its Customers comply with the applicable Secured Mail terms of service for each Additional Service. Where applicable, Customer agrees that it is solely responsible for compliance with all laws and regulations that apply to Customer’s provision of these Additional Service.
• 9. Privacy. Customer may have the ability to access, monitor, use or disclose data provided by Customers for these Additional Services or disable an Customer's Account for these Additional Services. Customer will notify Customers of Customer's ability to take these actions.
• 10. Refund for Paid Services. If Customer disables an Additional Service for which Customer or Customer has provided payment, Secured Mail will not be obligated to refund Customer or any Customer for unused paid services. Customer will indemnify, defend, and hold harmless Secured Mail from and against all liabilities, damages, losses and expenses, and costs (including settlement costs and reasonable attorneys’ fees) arising out of an Customer’s claim concerning refunds for such paid services.
• 11. Secured Mail is Data Processor. Where applicable, the parties agree that Secured Mail is a data processor and Customer is a data controller with respect to the Customer personal data contained in the Additional Services for Customer’s domain.
• 12. Data Location. As part of providing the Additional Services, Secured Mail may store and process the data provided through such Additional Services in India or any other country in which Secured Mail or its agents maintain facilities.
• 13. Severability. If any provision of these Additional Terms is found unenforceable, the balance of the Additional Terms will remain in full force and effect.
• 14. Modifications. Secured Mail may modify these Additional Terms from time to time