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PRISONMAIL TERMS OF USE

Welcome to PrisonMail at www.prisonmail.org. This Site and the Services offered hereon are provided to you by PrisonMail. The following PrisonMail “Terms of Use” govern your use of the Services and this Site. These Terms of Use are a legally enforceable agreement and constitute the sole agreement between you and PrisonMail with respect to your access and use of this Site and the Services. BY YOUR USE OF THIS SITE AND THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AT LEAST 18 YEARS OF AGE (OR 21 IN ANY LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY); AND (ii) AGREE TO BE BOUND BY THESE TERMS OF USE. WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME AND SUCH CHANGES WILL BE BINDING UPON YOU WHEN POSTED TO THE SITE. IT IS YOUR RESPONSIBILITY TO MONITOR THE SITE FOR SUCH CHANGES.

INVITING OTHERS TO JOIN YOUR ACCOUNT

If you have registered as a sponsor to the Services and want to invite others to join your account, you may do so by clicking the Invite tab and typing the email address of the party to which you wish to send an invitation prepared by PrisonMail. When you enter the individual’s email address and click the “Invite” button, an email will be sent on your behalf inviting that individual to join your account. In order to use the Services, such Members will be required to accept the terms of these Terms of Use and the PrisonMail Privacy Policy which is incorporated herein by reference. Any Members that are under the age of 18 will be required to have a parent or legal guardian agree to these Terms of Use on their behalf and to submit to PrisonMail a parental permission form. The specific procedures for registering a child as a Member on this Site are detailed in the section of the Privacy Policy titled “Children’s Use of the PrisonMail Service.” YOU RECOGNIZE AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS TAKEN BY A MEMBER TO WHOM YOU HAVE GRANTED ACCESS TO YOUR ACCOUNT. YOU RECOGNIZE AND AGREE THAT PRISONMAIL IS NOT RESPONSIBLE FOR MONITORING ACCESS TO YOUR ACCOUNT BY MEMBERS AUTHORIZED BY YOU.

PRIVACY

PrisonMail has a strong commitment to safeguarding your privacy when you are using this Site or the Services made available through this Site. The Privacy Policy details our handling of your personally identifiable information, explains when we may disclose such information as well as the content of any correspondence you send through our Service, and discusses how children under the age of 18 may use our Service. Please note that the Privacy Policy provides that PrisonMail reserves the right at all times to disclose to the proper authorities any communications (including emails) and other information PrisonMail deems necessary or appropriate in connection with any known or suspected violation of law or any request, inquiry or investigation of any governmental or regulatory authority.

RESTRICTIONS ON YOUR USE OF THE SERVICES

In connection with your use of the Services, you agree that you will not: (i) take any action or upload, post, email or otherwise transmit content that infringes or violates any third party rights; (ii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, email or otherwise transmit content that violates any law or regulation or causes a tort; (iv) take any action or upload, post, email or otherwise transmit content that is protected by copyright unless you are the copyright holder or you have received permission to post the information by the copyright holder; (v) take any action or upload, post, email or otherwise transmit content that is false, harmful, threatening, abusive, harassing, defamatory, vulgar, sexually explicit, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vi) take any actions or upload, post, email or otherwise transmit content that contains any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personally identifiable information; (vii) take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any law or under contractual or fiduciary relationships; (viii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (x) attempt to gain access to any other Member’s account or password; (xi) use the Services to “stalk” or otherwise harass any person; or (xii) take any action or upload, post, email or otherwise transmit content that if communicated, would create a risk of mental or physical harm to a person, or could reasonably be expected to aid an escape or incite or encourage any form of violence. You agree that PrisonMail may take whatever steps it deems necessary or appropriate to abridge or prevent behavior of the types listed above or other behaviors that it deems objectionable in its sole discretion, without notice to you. Such actions may include, but will not be limited to, redacting portions of your letters, refusing to deliver one or more letters and/or temporarily or permanently suspending or terminating your access to and use of the Services and or the access and use of the Services by any or all of your designated Members.

PHOTOS

By submitting a message that contains images, photographs, pictures or that is otherwise graphical in whole or in part (“Pictures”), you hereby warrant and represent that: (i) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use; (ii) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture; and (iii) the Pictures do not include any pornographic, sexually explicit, obscene, hateful, racially or ethnically objectionable or otherwise objectionable material. You recognize and agree that certain correction facilities may not allow Pictures to be sent to a prisoner and that PrisonMail is not responsible or liable for any actions taken by any correction facility with respect to Pictures, including, but not limited to opening, confiscating, distributing or failing to deliver such Pictures.

PRISON RULES

You agree to abide by all rules listed within the correspondence policy of the institution where the inmate you are writing to is incarcerated. You understand and agree that it is your responsibility to determine if the specific institution where the prisoner you are writing to is staying has any rules or regulations regarding mail sent to an inmate. It is your responsibility to determine how to correctly address your correspondence to an inmate to ensure that he or she receives it. YOU ACKNOWLEDGE AND AGREE THAT PRISONMAIL HAS NO LIABILITY FOR ANY CORRESPONDENCE THAT CANNOT BE MAILED BECAUSE IT CONTAINS MATERIAL THAT IS NOT ALLOWED UNDER THE RELEVANT FACILITY’S GUIDELINES OR BECAUSE YOU HAVE FAILED TO CORRECTLY ADDRESS SUCH MAIL IN ACCORDANCE WITH THE RELEVANT FACILITY’S GUIDELINES, POLICIES OR REQUIREMENTS.

PAYMENT

A. Charges. Each Sponsor will pay PrisonMail a monthly charge of nineteen dollars and ninety-five cents for the Services. Such fee allows a Sponsor and any Member designated by such Sponsor to access and use the Services as many times as he or she may want in a one (1) month period.
B. Payment Terms. By providing a credit card number during the registration process, you authorize PrisonMail to charge the Monthly Fee and all other fees and amounts due or becoming due to PrisonMail hereunder. Any sum not paid by you when due will bear interest until paid at a rate of one and a half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by law, whichever is less. You will be responsible for all costs, including without limitation, reasonable attorneys’ fees and court costs, incurred by PrisonMail in connection with PrisonMail’s collection of any past-due amounts under these Terms of Use.

TERMINATION

PrisonMail has the right at any time to temporarily or permanently suspend your and your Member’s(s’) use of the Services and or to terminate your account in the event of any breach of these Terms of Use by you and/or any of your designated Members. In the event of such a suspension or termination, you understand and agree that: (i) you will not be entitled to a refund for any unused period on your account; and (ii) PrisonMail will have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. If a Sponsor’s account is terminated, the Services of all Members of that account will also be terminated.

COPYRIGHTS

All content and intellectual property available through this Site and appearing on this Site is the property of PrisonMail or its licensors and is protected by copyright and other intellectual property laws. This Site is protected under United States copyright law. Any content downloaded from this Site may be used for your personal, noncommercial use only, provided you keep intact all copyright and proprietary notices of PrisonMail and its licensors. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish broadcast or circulate content received from this Site over any network, including a local area network. You may not post any content from this Site to newsgroups, mail lists or electronic bulletin boards without the prior written consent of PrisonMail and/or its licensors.

TRADEMARKS

“PrisonMail” and “PrisonMail.org” are trademarks of PrisonMail in the United States. PrisonMail’s trademarks may not be used in connection with any website, product or service which is not PrisonMail’s, in any manner likely to cause confusion among customers or in any way that disparages or discredits PrisonMail. Other trademarks that appear on this Site are the property of their respective owners.

DISCLAIMER

THE SERVICES, THIS SITE AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED STRICTLY ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH PRISONMAIL DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. PRISONMAIL MAKES NO WARRANTY THAT ANY OF THE INFORMATION YOU SUBMIT THROUGH THE SERVICES WILL BE DELIVERED IN A TIMELY MANNER, OR THAT THE CONTENT OF ANY MESSAGES, PICTURES OR OTHER MATERIAL YOU SEND THROUGH THE SERVICES WILL REMAIN CONFIDENTIAL. PRISONMAIL DOES NOT ENSURE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICES OR THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, AND TO THAT EXTENT, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL PRISONMAIL OR ANY OF ITS AFFILIATES, LICENSORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, AGENTS, OR DISTRIBUTORS BE LIABLE TO YOU, ANY MEMBER OR ANY OTHER THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE SITE, OR ANY OTHER PRODUCT, SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE, WHETHER OR NOT PRISONMAIL MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN NO EVENT WILL PRISONMAIL’S CUMULATIVE LIABILITY TO YOU, YOUR DESIGNATED MEMBERS AND/OR ANY THIRD PARTY EXCEED THE MONTHLY FEES PAID BY YOU. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO TO THE EXTENT THAT IT IS IMPERMISSIBLE, THIS LIMITATION MAY NOT APPLY TO YOU.

THIRD-PARTY SITES

Mention of and links to third-party companies and products on the Site are for informational purposes only and are not intended to suggest any affiliation unless expressly stated. You may be able to access other Internet sites not created by PrisonMail or its affiliates through this Site. The reliability, availability, legality, and performance of those web sites is beyond PrisonMail’s control, and PrisonMail makes no representations or warranties with respect to such web sites.

INDEMNIFICATION

You agree to indemnify and hold harmless each of PrisonMail, its affiliates, licensors and their respective officers, directors, shareholders, partners, agents and distributors, from and against any claim, demand, loss, liability or expense, including reasonable attorneys’ fees, arising out of or in connection with your use of the Services, this Site, or any other products, services or information made available on or through the Site or any violation of these Terms of Use by you or any of your designated Members.

GOVERNING LAW AND JURISDICTION

Your use of this Site, and any related legal action, will be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The sole jurisdiction and venue for any litigation arising out of your use of the Services or this Site will be an appropriate federal or state court located in the Commonwealth of Pennsylvania.

ENTIRE AGREEMENT

These Terms of Use constitute the entire understanding between you and PrisonMail as to the subject matter hereof, and supersedes all prior agreements and understandings. Any failure by PrisonMail to enforce or exercise any provision of these Terms of Use or related right will not constitute a waiver of that right or provision. Any legally unenforceable provision of these Terms of Use will be deleted or modified to correct the defect, and the remainder of the terms of these Terms of Use will remain valid and enforceable. To indicate your acceptance of these Terms of Use, click the “I Accept" button below. You will not be allowed to use the Service if you do not accept these Terms of Use.