General Terms & Conditions
By signing up for and/or otherwise accessing any of the services or products offered by sigma.email you agree to be bound by the terms and conditions of this Agreement. Please carefully read these terms and conditions as they describe your legal rights and obligations.
THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES.
This Agreement shall become come effective as of the date of (1) your electronic signature accepting this Agreement, (2) the activation or use of your account or (3) your receipt of an e-mail from sigma.email confirming your order, whichever happens first.
EITHER YOU OR sigma.email MAY TERMINATE THIS AGREEMENT AT ANY TIME, AFTER WHICH ANY AND ALL E-MAILS OR DATA ASSOCIATED WITH YOUR ACCOUNT MAY BE DELETED. ANY AND ALL OUTSTANDING FEES SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2. THESE TERMS AND CONDITIONS SUPERSEDE ALL EARLIER VERSIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE THE sigma.email SERVICES.
For the purposes of this Agreement:
1.1. “Content” shall mean the downloadable files that are interpreted by a client email or other application for display with or without plug-ins.
1.2 “Fee” shall mean monies and other consideration you are obligated to pay to sigma.email for the right to use the sigma.email Services and bandwidth subject to the terms and conditions of this Agreement and of the particular sigma.email Services for which you have registered, as outlined on the then-current schedule of fees. Fees are subject to change at any time without prior notice.
1.3. “Laws” shall mean the laws, statutes, and regulations then in effect of the United Kingdom as well as the laws of your country of residence or the country in which you use or access the sigma.email Services and the laws of any provinces, states or dependencies thereof.
1.4. “sigma.email” “us,” “we,” “our” and grammatical variants thereof shall collectively refer to Transcom ISP , a company organized and existing under the laws of the United Kingdom and its assigns and successors in interest.
1.5. “sigma.email Equipment” shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by sigma.email and/or sigma.email’s affiliates, agents, or assigns which function to provide the sigma.email Services.
1.6. “sigma.email Services” shall mean the products and services provided by sigma.email at any given time, including but not limited to e-mail, Cloud, organizer, and any associated support services, which sigma.email Services may be changed, amended, cancelled and/or otherwise altered at any time in sigma.email’s sole discretion.
1.7. “sigma.email Software” shall mean any software provided by sigma.email at any given time, whether downloaded to your computer or utilized online as part of the sigma.email Services. The sigma.email Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
1.8. “Parties” shall collectively refer to sigma.email and you.
1.9. “Payment Account” shall refer to the credit card or such other account as is provided by you and accepted by sigma.email upon registration to pay for your Services. sigma.email may add, delete, or modify the methods by which customers can pay for the sigma.email Services at any time without prior notice, in its sole discretion, at which point you must either update your account with a valid Payment Account or your account will be terminated. Payments processed by third party processors are subject to those processorsâ€™ terms and conditions of service, and sigma.email makes no representations or warranties with respect to any third party payment services.
1.10. “Premium Services” shall refer to sigma.email accounts for which payment of a Fee is required, including without limitation Cloud Services.
1.11. “Suspend” or “Suspension” shall include the disabling of your account and/or the cessation of transmission of data via your Services.
1.12. “Term” shall be, for Premium Services only, one year, as more fully described in Section 2.2, or as otherwise stated in the specifications for your Services or for any renewal Term thereof. The Term for free Services shall continue until terminated by you or sigma.email pursuant to Section 2.1.
1.13. “You”, “you”, “your” and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
1.14. “Your Data” and grammatical variants thereof shall mean any data, including but not limited to documents, e-mails, images, videos, visual materials, advertisements, web pages, or other Content, related to your use of the sigma.email Services or otherwise stored on or transmitted by the sigma.email Equipment.
1.15. “Your Services” and grammatical variants thereof shall mean the specific sigma.email Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract.
2. TERM AND TERMINATION.
2.1. You or sigma.email may terminate this Agreement at any time for any reason, with or without cause. You may terminate by (a) notifying sigma.email via email or by certified mail to the address found here which notification shall be effective upon receipt by sigma.email, or (b) closing your accounts for all of your Services via sigma.emailâ€™s user interface, where sigma.email has made this option available to you.
2.2. Notwithstanding the provisions of Section 2.1 to the contrary, the initial Term for Premium Services shall be one year or as otherwise stated in the specifications for your Services, at the end of which term this Agreement shall renew automatically for the same period unless terminated prior to renewal pursuant to this Agreement. sigma.email may, but is not obligated to, allow you change the duration of the Term or the specific services for Premium Services at the beginning of any renewal period, and you agree that sigma.email may debit your Payment Account for any resulting Fees.
2.3. Your termination of any Premium Services shall be effective as of the end of the then-current Term. Your termination of a Premium Services email account shall result in any Premium email account being downgraded to a free email account. After the termination of an additional paid Cloud the size of the Cloud will be downgraded to the standard volume of the sigma.email account. If the data volume of the Cloud exceeds the size of the standard volume after the downgrade, files will be automatically removed until the standard volume is reached. The data removal proceeds chronologically, starting with the oldest first. All other terminations, including a termination by sigma.email with or without cause, shall be effective immediately.
2.4. If your account is not a Premium Services email account, you are required to log in to your account periodically, but no less than once every six months, in order to maintain the account. You agree that in the event sigma.email determines, in its sole discretion, that you have not logged in to your account for more than six months, sigma.email may, without any liability to you, and in addition to any other remedies, terminate or suspend your account and erase any materials associated therewith from sigma.emailâ€™s Equipment without notice to you. You further agree that in the event that sigma.email believes, in its sole discretion, that you have breached any provision(s) of this Agreement, including but not limited to Sections 3 or 8, sigma.email may, without any liability to you and in addition to any other remedies, terminate or suspend any and all accounts registered by you or your access to your Services and your Data without prior notice to you. You further agree that in the event that sigma.email believes, in its sole discretion, that you have posted materials that breach any provision(s) of Section 8 of this Agreement, or any of its subparts, sigma.email may, without any liability to you, and in addition to any other remedies, erase such materials from the sigma.email Equipment without prior notice to you. If your account is suspended by sigma.email for any reason whatsoever, your e-mail address may or may not be retained by sigma.email in its sole discretion. After any such retention period, your e-mail address may be released and made available to another customer. If your account is suspended for non-payment of Fees, sigma.email may but is not obligated to restore your Premium Services email account for the remainder of the Term upon written notice to sigma.email and payment in full of all Fees due and owing on the account, provided such notice is provided to sigma.email within one year after the first day of the then-current Term (the “Notice Period”). Premium Services email accounts not restored during the Notice Period will be terminated immediately upon the expiration of same.
2.5. Upon termination of this Agreement, you will no longer have access to your account. All of your Data, including but not limited to e-mails or other files associated with your account and Services, may be irrevocably deleted at any time after termination and all transmission of data will cease. sigma.email may, in its sole discretion, make your Data available to you to the extent it has not been deleted. sigma.email accepts no liability for such deleted Data. You are responsible, prior to termination of Services, for transferring, saving, or otherwise securing any of your Data that you want to continue to have access to following such termination.
3.1. For Premium Services, all Fees must be paid in advance of the provision of Services for the entire Term. Fees must be paid in United States Dollars via the Payment Account, and are nonrefundable (except as expressly permitted otherwise by this Agreement), including any Fees paid in advance for the term during which you terminate. You agree that sigma.email may automatically debit the Fee and any additional fees from the Payment Account unless specifically provided otherwise. You also agree that sigma.email may automatically debit your Payment Account, without further authorization from you, for any renewal term, additional services, and any fees or expenses applicable to your Services, including but not limited to fees for your use of services in excess of those included within your Services. If payment in full is not received by sigma.email from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for your Services without demand by sigma.email. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
3.2. In addition, certain sigma.email Services may be subject to set-up, service, or other fees, and by registering for such sigma.email Services you authorize sigma.email to debit your Payment Account for any and all such fees.
3.3. Your credit or debit card issuer, directly or through third-party service providers, may provide sigma.email with updated credit card numbers, expiration dates, or other information which may be used to renew services or make payments under this Agreement. Should sigma.email choose, in its sole discretion, to participate in such auto-update programs, you agree that sigma.email may share your Payment Account information with such third-party providers and may update Your Payment Account with information provided through such services. You authorize any and all charges to your Payment Account using such updated information, whether or not you or sigma.email have prior notice of same. sigma.email cannot guarantee that your Payment Account will be updated, and you acknowledge and agree that it is your responsibility to keep your payment information current and up-to-date at all times and that you shall be liable to sigma.email for your failure to do so, including for any charges that sigma.email may incur as a result of your failure to keep your payment information current. sigma.email shall have no liability for declined payments or incomplete or out-of-date Payment Account information.
3.4. sigma.email may offer promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your Services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined.
3.5. Certain special offers for Premium Services may include a free introductory period. Unless you terminate your account prior to the expiration of such introductory period you agree that you will be liable for and sigma.email may automatically debit your Payment Account for the Fees for the Premium Services associated with that account. sigma.email reserves the right at any time to withhold, modify, or discontinue, temporarily or permanently, such introductory or promotional offers, with or without notice.
3.6. Changes to your Services, including downgrades by you or termination of your Premium Services, may result in loss of your Data, features, or a reduction in the amount of available capacity for your Data provided by the sigma.email Services. To the extent you receive a special reduced price as part of a bundled offer, the special price shall only apply as long as all of the bundled services remain; accordingly, canceling any one of the bundled services will result in a higher price for each of the remaining services unless it was arranged differently in the special offer. The amount charged to your Payment Account on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades or the cancellation of bundled services.
3.7. You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any invoice requires collection efforts as determined in sigma.emailâ€™s sole discretion. Except where prohibited by law, all accounts referred to a collection agency shall be subject to an additional fee, which must be paid in full before the account is reactivated.
3.8. International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversion of foreign currencies into United Kingdom Pounds Sterling. Certain sigma.email Services will not be available to International Customers until sigma.email is able to receive satisfactory confirmation from such customerâ€™s Payment Account provider, in sigma.emailâ€™s sole discretion, that the funds will be available for debit from the International Customerâ€™s account. Orders from International Customers will not be accepted unless the country provided in the contact information matches that on file for the Payment Account.
3.9. You agree that sigma.email may start the provision of services immediately, and that you will not be entitled to cancellation or a “cooling off” period except to the extent a waiver of those rights is prohibited by applicable Law.
3.10. Even if your sigma.email Services are free, you may still incur expenses for internet access or data transmission from third-party service providers not affiliated with sigma.email.
Subject to and conditioned upon sigma.email’s retained rights and all other terms and conditions set forth in this Agreement, sigma.email offers the sigma.email Services as soon as practicable after registration. You will receive a password, account, and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify sigma.email of any unauthorized uses of the account or any other breaches of security. sigma.email cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will sigma.email be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The sigma.email Services are subject to the following conditions and restrictions:
4.1.1. sigma.email shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of server space allocated to your Services for your non-exclusive use for the exclusive purpose of storing your Data and disseminating said Data via the Internet through the use of sigma.email’s Equipment for purposes consistent with this Agreement.
4.1.2. sigma.email, either directly or through its assignee or licensee, shall provide such support as is outlined in the specifications for your Services or as otherwise shown on the sigma.email website. sigma.email is not obligated to provide any customer service or technical support except as specified in this Section 4, and cannot guarantee that your questions will be answered in a timely fashion or otherwise. Notwithstanding the foregoing, sigma.email at its sole discretion may at any time alter or cease providing the support provided pursuant to this Agreement without any liability to sigma.email.
4.1.3. All use of the sigma.email Services shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or sigma.email’s services by entering into multiple agreements.
4.1.4. Your use of the sigma.email Services, including but not limited to e-mail traffic, and combined mailbox use and file and/or Cloud per account, shall not exceed that specified for your Services. You are responsible for monitoring your use of the sigma.email Services, and agree to check your e-mail and download or delete your e-mail on a regular basis and to manage your Cloud account in order to ensure compliance with this paragraph. Should your use of the sigma.email Services exceed the limits specified for your Services, sigma.email may return or reject any and all e-mails sent to you to the originating sender, prevent you from uploading additional photos, documents, and other files to your Cloud folders, and/or delete or deny access to the storage space for your Data without liability to you. You agree that sigma.email may terminate your account without notice or liability to you for United Kingdomge in excess of permitted amounts.
4.1.5. sigma.email reserves the right to alter, amend, or discontinue the provision of some or all of the sigma.email Services, including but not limited to the provision of certain sigma.email Services to international customers in a particular market, at any time in sigma.email’s sole discretion.
4.1.6. You are responsible for backing up your Data on your own computer. sigma.email does not warrant or otherwise guarantee that it will back up your Data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of your Data. If any of your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable, whether due to termination or suspension of your account pursuant to this Agreement or otherwise, sigma.email will have no obligation or liability to you.
4.1.7. You represent and warrant that your e-mail address does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your e-mail address is otherwise in compliance with the terms of this Agreement, in particular the provisions of Section 8. sigma.email may suspend performance under or terminate this Agreement, cease transmission of emails or data associated with your account, permanently remove Your Data from the sigma.email Equipment, revoke any and all email addresses assigned to you, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the provisions of Section 8, relevant Laws, or for any reason whatsoever, in its sole discretion. sigma.email assumes no liability in the event a particular email address is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned email addresses do not infringe the rights of third parties, or that you will retain the rights to that email address for any period of time. You waive any and all clams you may have, now and forever, against sigma.email relating to the registration and use of your email address and agree to indemnify and hold harmless sigma.email from and against any such claims.
4.1.8. sigma.email reserves the right to terminate your e-mail address in the event that sigma.email’s rights to use certain domain names or e-mail addresses terminate or expire.
4.1.9. sigma.emailâ€™s Cloud services require an active sigma.email email address. Termination of the sigma.email email address connected to your Cloud services will automatically terminate your Cloud services, which may result in the loss of your Data.
4.2.1. sigma.email may, in its sole discretion, provide you with sigma.email Software in combination with your Services. If you receive software from sigma.email under this Agreement and you are presented with a license agreement, the terms of that agreement apply. Otherwise, upon payment of all fees due and owing to sigma.email under this Agreement, sigma.email hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the sigma.email Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for sigma.email. Source code or other information pertaining to the logic design of the sigma.email Software is specifically excluded from the license granted hereunder.
4.2.2. sigma.email reserves the right to charge for the sigma.email Software or any upgrades therefor at any time.
4.2.3. You recognize that the sigma.email Software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the sigma.email Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by sigma.email or, if sublicensed by sigma.email, by the respective owners of the Software. You further acknowledge that you have been advised that the sigma.email Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of sigma.email, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to sigma.email, and that its use and disclosure must be carefully and continuously controlled.
4.2.4. sigma.email or, if sublicensed by sigma.email, the respective owners of the sigma.email Software shall at all times retain title to all the sigma.email Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.
4.2.5. Unless provided otherwise in the specifications for your Services, the sigma.email Software supplied hereunder is for your personal or business use. You shall not permit any third party to use the sigma.email Software or allow access to the sigma.email Software from sites outside of your home or business premises except as specifically authorized in writing by sigma.email. The sigma.email Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 4.
188.8.131.52 You will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the sigma.email Software, whether such sigma.email Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for your use pursuant to this Agreement, nor; (ii) provide or make the sigma.email Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of sigma.email. In order to protect sigma.email’s trade secrets and copyrights in the sigma.email Software, you agree to reproduce and incorporate sigma.email’s trade secrets or copyright notice in any copies, modifications or partial copies.
184.108.40.206 You agree to notify sigma.email forthwith if you obtain information as to any unauthorized possession, use or disclosure of any sigma.email Software by any person or entity, and further agree to cooperate with sigma.email at sigma.email’s expense, in protecting sigma.email’s proprietary rights.
220.127.116.11 Unless agreed otherwise in writing by sigma.email, the sigma.email Software may be used only on a single computer or workstation. sigma.email Software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the sigma.email Software on a network except to facilitate permissible installation of the sigma.email Software on computers attached to the network. You warrant and guarantee that all users of the Software shall be aware of and comply with the terms of this license.
4.2.6. Certain sigma.email Software is provided for online use as part of the sigma.email Services (the “sigma.email Online Software”). The sigma.email Online Software is hosted software which runs directly on sigma.email’s servers, and you may not download, install, store or make any copies of the sigma.email Online Software, nor may you sub license the sigma.email Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the sigma.email Online Software or any copies thereof and not to assist any third party in doing so. The sigma.email Online Software is designed to be used through the sigma.email user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. sigma.email reserves the right to modify or discontinue the sigma.email Online Software at any time without notice.
4.2.7. sigma.email may provide its customers with the ability to download certain third-party software (the “Third Party Software”). The license conditions governing the use of the Third Party Software may differ from sigma.email’s own software licenses. Customers of sigma.email are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. THE PROVISION AND OFFERING OF SUCH THIRD PARTY SOFTWARE BY sigma.email DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN sigma.email MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE. sigma.email DISCLAIMS ANY AND ALL WARRANTIES ASSOCIATED WITH YOUR USE OF THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
4.2.8. In the event of termination of this Agreement, or upon any act which shall give rise to sigma.email’s right to terminate, or upon the expiration of the license for sigma.email Software which is subject to a limited-duration license, any and all licenses granted under this Section 4.2 shall terminate automatically, and you will remove, erase or destroy the sigma.email Software and documentation and all copies thereof, wherever located, without demand or notice.
4.2.9. sigma.email may stop providing the Software and any Third Party Software, or any updates thereto, at any time without notice or any further liability to you.
4.2.10. Certain Software (including Third Party Software) may not be available to international customers.
5. NO EXPRESS OR IMPLIED AGREEMENT TO DISSEMINATE MATERIALS WHICH ARE INCONSISTENT WITH YOUR WARRANTIES.
Receipt by sigma.email of data for storage and/or transmission via sigma.email’s Equipment which are inconsistent with your warranties set forth in Section 8 herein shall not constitute an agreement by sigma.email to allow the sigma.email Services or the sigma.email Equipment to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of sigma.email’s Services or Equipment, to continue to disseminate such data.
6. NO WARRANTIES BY sigma.email.
THE sigma.email SERVICES AND sigma.email SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE sigma.email SERVICES IS AT YOUR SOLE RISK. sigma.email DOES NOT WARRANT THAT THE sigma.email SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT YOUR DATA OR ANY FILES STORED BY YOU THROUGH THE USE OF OUR CLOUD SERVICES WILL BE ACCESSIBLE BY YOU AT ALL TIMES, NOR DOES sigma.email MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE sigma.email SERVICES. NO WARRANTY IS MADE BY sigma.email REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND sigma.email HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. sigma.email DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE (INCLUDING WITHOUT LIMITATION THIRD PARTY SOFTWARE) OR OTHER MATERIAL ACCESSIBLE THROUGH THE sigma.email SERVICES WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS.
7. sigma.email’S LIMITED LIABILITY.
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL sigma.email, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE sigma.email SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, sigma.email’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, sigma.email DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE sigma.email SERVICES, AND sigma.email WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE sigma.email FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF sigma.email FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO sigma.email IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, IF ANY.
8. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES..
8.1 You acknowledge that only you may use your account and you agree and warrant that you shall not permit anyone else to use your account or authorize any third party to access your account on your behalf. You are responsible for all activity that takes place with respect to your account, and you agree that in the event sigma.email believes or has reason to believe, in its sole discretion, that you have breached this Agreement or any of the warranties in this Section 8, sigma.email may, without prior notice to you and in sigma.email’s sole and exclusive discretion, suspend the provision of the sigma.email Services and/or terminate this Agreement, without any liability of any kind. As more completely set forth in Sections 6, 7 and 10, you waive any and all claims you may have, now and forever, against sigma.email relating to any action taken in under this Section 8.1, and agree to indemnify and hold harmless sigma.email from and against any claims brought by third parties as a result of your Data or your use of the sigma.email Services.
8.2. You agree and warrant that you shall not send mass unsolicited or unwanted electronic mail solicitations; that you shall not use your e-mail address for impermissible or abusive news group postings or excessive or repeated off-topic or commercial postings; that you will not send any form of junk mail; and that you shall not engage in any other form of spamming, spoofing, phishing, or mail bombing. sigma.email reserves the right to block mail from any source, including outgoing mail from or ingoing mail to your account, which sigma.email believes, in its sole discretion, is being used to send such unsolicited e-mail. While sigma.email continues to actively review and implement new technology to ensure that its customers neither send nor receive unsolicited e-mail, there is no currently available technology that will totally prevent the sending and receiving of unsolicited e-mail.
8.3. You agree and warrant that your use of the sigma.email Services and sigma.emailâ€™s Equipment, and all sales, distributions, advertisement, or promotion by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP3), or copies of copyrighted works (such as .ZIP), goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the sigma.email Services or sigma.email Equipment, shall at all times comply with your warranties under this Section 8, as well as all applicable Laws, including but not limited to CAN-SPAM. With respect to any advertising content you may transmit through the Services, you agree and warrant that all such advertising content shall comply with all Laws, and shall not result in consumer fraud, product liability, or damage of any kind to any third party.
8.4. You agree and warrant that all of your Data and any matter you store on or allow to be transmitted by sigma.emailâ€™s Equipment shall be solely for business, entertainment, and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such Data shall be transmitted exclusively to consenting adults and only to places in which such materials comply with contemporary community standards. You shall be liable for any and all damages, harm, or losses caused by your Data.
8.5. You agree and warrant that all of your Data and any matter you store on or allow to be transmitted by sigma.emailâ€™s Equipment shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, incest, rape, sexual assault, actual physical violence, torture or disfigurement, or other content deemed objectionable by sigma.email, in its sole discretion. You agree and warrant that you will not use the sigma.email Services to transmit messages which: display, contain or link to any harmful matter or indecent materials or communications which are available to, or accessible by, minors; display or contain any material that consists of pornography, child pornography, or other obscene content, including but not limited to content involving or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age or which could otherwise result in harm to minors, all as determined in sigma.emailâ€™s sole discretion. You agree and warrant that you will neither store on nor allow to be transmitted by sigma.emailâ€™s Equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by an age-inappropriate-looking performer (i.e. someone who looks younger than eighteen years of age, regardless of their actual age) or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age by virtue of the advertising, script, make-up, demeanor, costuming, setting, etc., or which could otherwise result from or cause harm to minors.
8.6. You agree and warrant that you shall not damage, disable, overburden, or impair the sigma.email Services or misuse them in any way; use scripts, robots, web crawlers, or similar type of programs or applications; interfere with anyone elseâ€™s use or enjoyment of the sigma.email Services; or interfere with, defame, or abuse sigma.email or its officers, employees, or agents.
8.7. You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, all data which you store or otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the sigma.email Services or sigma.emailâ€™s Equipment, and that your Data and the use or distribution of your Data does not infringe the intellectual property rights of others, including, but not limited to, copyrights, trademark and service mark rights, patent rights and rights of publicity, both in the United States and throughout the world. You agree that in the event that sigma.email is informed by any party that You are using the sigma.email Services to transmit messages which infringe the copyright of any party, or violate the right of publicity or privacy of any party, or consist of any other claim or violation of intellectual property rights of any kind, then sigma.email may, without prior notice to you and in sigma.email’s sole and exclusive discretion, suspend the provision of the sigma.email Services and/or terminate this Agreement, without any liability of any kind to sigma.email from either you or any third party. As more completely set forth in Sections 6, 7 and 10, you waive any and all claims you may have, now and forever, against sigma.email relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless sigma.email from and against any such claims.
8.8. You agree and warrant that your Data shall not constitute or contain or link to material: which is libelous, slanderous, or defamatory; which violates the right of publicity or privacy of any party; or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights.
8.9. You agree and warrant that your Data shall not contain or link to any material which is offensive, harmful, violent, threatening, abusive or hateful, in sigma.emailâ€™s sole discretion.
8.10. You agree and warrant that any and all material(s) of every kind which you store or transmit using the sigma.email Services or sigma.email Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software “viruses”, “worms”, “Trojan Horses,” and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the sigma.email Equipment or web site or another person’s web site without authorization, or use the sigma.email Services to carry out, or assist in the carrying out of, any “denial of service” attacks on any other website or internet service.
8.11. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the sigma.email Services or the sigma.email Equipment.
8.12. You agree and warrant that you shall not resell or redistribute the sigma.email Services or any part thereof, including but not limited to your sigma.email e-mail address or Cloud account, or use any unauthorized means to modify or reroute the sigma.email Services (or to attempt same).
8.13. You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the sigma.email Services and that no taxing authorities shall have any claim against sigma.email or any persons affiliated therewith for the payment of such taxes.
8.14. You represent and warrant that you are over thirteen years of age and are fully competent to enter into this Agreement.
8.15. You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the “Entity List” or “Denied Persons List” maintained by the US Department of Commerce or the list of “Specially Designated Nationals and Blocked Persons” maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for sigma.email Services. Residents of countries which are serviced by a sigma.email affiliate are required to contract with those sigma.email affiliates, and you represent and warrant that you are not a resident of one of those countries.
8.16. You agree to abide by United Kingdom and other applicable export control laws and not to transfer or permit the transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your sigma.email account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
8.17. You agree not to use your account for the storage of files other than in the course of normal e-mail United Kingdom or as provided otherwise in the specifications for your Services.
9. CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT
9.1 “sigma.email” and other trademarks, logos, and service marks displayed on this web site (collectively, the “Marks”) belong to sigma.email and/or its affiliates or third parties which have licensed those rights to sigma.email (“Partners”); sigma.email and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner’s prior written consent. All trademarks, product names, and company names and logos appearing on sigma.email’s web site are the property of their respective owners.
9.2 Unless expressly stated otherwise on the sigma.email web site, you should assume that all content, images, and materials appearing on this web site (collectively the “sigma.email Content”) are the sole property of sigma.email. Both U.S. and international copyright and other intellectual property laws and treaties protect such sigma.email Content. You may not use, reproduce, display, or sell any sigma.email Content without sigma.email’s prior written consent. You may not link to any page or frame any portion of sigma.emailâ€™s web site in such a way as to remove, cover, alter, or obscure sigma.emailâ€™s trademarks or as would otherwise confuse viewers as to the origin of the content.
10. YOUR INDEMNIFICATION OF sigma.email.
You agree that you shall fully defend and indemnify sigma.email, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth in Section 8 or your violation of a third party’s intellectual property rights. You further agree to defend, indemnify and hold harmless sigma.email, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that sigma.email shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
11. NO JOINT VENTURE OR PARTNERSHIP
Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between sigma.email and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between sigma.email and you. sigma.email shall have no control or ownership interests of any kind in your business. sigma.email shall have no direct financial or other interest in, nor in any way “own” any online venture pertaining to your use of the sigma.email Services or sigma.email’s Equipment. sigma.email’s relationship to you shall be restricted to matters pertaining to the provision of the sigma.email Services as set forth in this Agreement.
12. SERVICES RENDERED ON A NON-EXCLUSIVE BASIS.
Any and all services which are or may be provided to you by sigma.email pursuant to this Agreement, including the licensure of rights herein, are not exclusive and nothing in this Agreement shall limit or restrict sigma.email from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in this Agreement shall limit or restrict sigma.email from engaging in any activities similar to yours or in competition with you.
13. NO EDITORIAL CONTROL BY sigma.email.
sigma.email and you agree that, consistent with the strict policy of sigma.email, and in reliance on your express warranties regarding the substantive content of data, advertisements, communications, messages and other materials which you shall store and/or otherwise disseminate via the use of sigma.email’s Services or Equipment, sigma.email shall neither have nor exert any editorial or other subjective control over the substantive content of such data, advertisements, communications, message or other materials. sigma.email exercises no control over information which is found on the internet, except for its own web site, and cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for verifying the accuracy and suitability of information and services you obtain from third parties via the internet.
14.1. It is sigma.email’s policy to respect your privacy. sigma.email will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless sigma.email deems it necessary, in its sole discretion, to:
14.1.1. comply with legal process or other legal requirements, including but not limited to responding to subpoenas or other requests for information from law enforcement officials;
14.1.2. protect and defend the rights or property of sigma.email or its officers, agents, affiliates, and licensees;
14.1.3. carry out its obligations under or enforce this Agreement; or
14.1.4. protect the interests of other sigma.email customers.
14.2. NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, sigma.email RESERVES THE RIGHT (SUBJECT TO APPLICABLE LAW), IN ITS SOLE DISCRETION, TO DISCLOSE INFORMATION OR MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER’S ACCOUNT, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.
14.4. Your personal information, including information regarding nonpayment or other misuse of the sigma.email Services, may be transferred to other affiliated entities, whether in the United States or elsewhere. If you do not consent to this transfer, do not accept the terms and conditions for the sigma.email services.
14.5. INTERNATIONAL CUSTOMERS UNDERSTAND AND AGREE THAT sigma.email MAY DISCLOSE PERSONAL INFORMATION ABOUT THEM AND THEIR ACCOUNT PURSUANT TO THIS SECTION, AND WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE NATIONAL AND INTERNATIONAL LAW.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
16. NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER.
Failure of sigma.email at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of sigma.email.
17.1. sigma.email may provide notice to you via e-mail sent to the e-mail address associated with your account at the time such notice is sent. Such notice is deemed effective at the date and time of transmission, whether you receive it or not, and shall be deemed written notice for the purposes of this Agreement.
17.2. You may provide notice to sigma.email in one of the following ways:
17.2.1. by personal delivery;
17.2.2. by addressing the notice as indicated above and depositing the same by registered or certified mail, postage prepaid, in the United States mail;
17.2.3. by Federal Express;
17.2.4. by facsimile transmission; or
17.2.5. by email and registered or certified mail.
17.3. Such notice, statement or other document so delivered to sigma.email, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by email to sigma.email (other than notices sent pursuant to Section 2.1) shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of email notice. Any such email notice to sigma.email shall be deemed effective as of the date on which sigma.email receives the certified or registered mail notice.
18. FORCE MAJEURE.
18.1. In the event of “force majeure” (as defined below), sigma.email may terminate this Agreement without liability to you. For purposes of the Agreement, “force majeure” shall mean circumstances or occurrences beyond sigma.email’s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which sigma.email cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the sigma.email Services are located or maintained or through which the sigma.email Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority.
18.2. sigma.email reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the sigma.email Services (or any part thereof) with or without notice, including the right to cease all business operations in the United States or elsewhere. You agree that sigma.email shall not be liable to you or to any third party for any modification, suspension or discontinuance of the sigma.email Services.
19. NO ASSIGNMENT BY YOU; ASSIGNMENT BY sigma.email.
This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without sigma.email’s prior written consent. In particular, you may not sell accounts or sub accounts to third parties. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. sigma.email may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion, without consent by or notice to you.
20. JURISDICTION, VENUE, STATUTE OF LIMITATIONS, AND WAIVER OF JURY TRIAL.
20.1. YOU AGREE TO NEGOTIATE WITH sigma.email IN GOOD FAITH TO RESOLVE OR SETTLE ANY CLAIM OR DISPUTE IN ANY WAY RELATING TO OR CONCERNING THIS AGREEMENT.
20.2. ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN PHILADELPHIA, PENNSYLVANIA IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND IN ACCORDANCE WITH THE RULES OF AAA. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in either the Court of Common Pleas of Philadelphia, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that sigma.email shall be entitled to collect its attorneys’ fees, costs and other expenses in the event that sigma.email acts to enforce this arbitration and forum selection clause, regardless of whether sigma.email prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgement by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the Commonwealth of Pennsylvania and the federal law of the United States of America. There are no exceptions to these mandatory arbitration provisions except as follows. Notwithstanding the foregoing, if you fail to timely pay amounts due, sigma.email may assign your account for collection and the collections agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by applicable Law or this Agreement. Additionally, nothing herein shall preclude sigma.email from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions hereof in the event AAA will not or cannot arbitrate a particular dispute. Any such action may be brought in either the United States District Court for the Eastern District of Pennsylvania or the Common Pleas Court of Philadelphia County Pennsylvania, and each party consents to the in personal jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of the United States District Court for the Eastern District of Pennsylvania or the Common Pleas Court of Philadelphia County Pennsylvania.
20.3. In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND sigma.email THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT AND/OR YOUR ACCOUNT(S) WITH sigma.email, and that such waiver shall be enforceable up to and including the day that trial is to start. Should any legal fees, costs, or other expenses be incurred by sigma.email with regard to enforcement of this jury waiver provision, sigma.email shall be entitled to recover such legal fees, costs, or other expenses without regard to whether sigma.email prevails in the underlying case.
20.4. Neither you nor sigma.email may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU AND sigma.email ACKNOWLEDGE THAT THIS SECTION WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION.
20.5. This Agreement shall be interpreted according to the laws of the United Kingdom, and, without regard to conflicts of law principles.
20.6 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
21. SUCCESSORS AND ASSIGNS.
This agreement shall be binding upon and inure to the benefit of the Parties’ respective heirs, personal representatives, executors, administrators, successors and assigns.
22. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of sigma.email has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and you hereby acknowledge and agree that you have not executed this Agreement in reliance upon any such representation or promise. This Agreement is solely for the benefit of you and sigma.email.
23.1. This Agreement may be materially altered by sigma.email by posting the new version of the Agreement at www.sigma.email and if posted in this manner, shall be effective immediately upon posting such notice. You accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of the new version.
23.2. You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of sigma.email. No additional or conflicting term in any other document used by you will have any legal effect.
Â© Transcom ISP, 1993 – 2019, All rights reserved
Version: Oct 19, 2019
Information We Collect
sigma.email may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information. The data we collect is information that identifies you personally, and may include:
Date of Birth
Telephone and telefax numbers
Credit card information
Other billing information
What are Cookies?
A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. Third parties may also be placing and reading cookies on your browser, or using web beacons to collect information in the course of advertising being services on our web site. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on your computerâ€™s hard drive for an extended period of time. Your browserâ€™s help file contains information and instructions for removing persistent cookies. Session ID cookies may be used by sigma.email to track user preferences while the user is visiting the website. They also help to minimize load times and save on server processing. Persistent cookies may be used by sigma.email to store whether, for example, you want your password remembered or not, and other information. Cookies used on the sigma.email website do not contain personally identifiable information.
Like most standard websites, we use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.
How We Use and Share this Information
sigma.email may use the personally identifiable information collected by sigma.email to contact customers regarding products and services offered by sigma.email and, to the extent the user has agreed to it, by its trusted affiliates, independent contractors and business partners. We may also use this information and share it with trusted third parties for research purposes regarding the effectiveness of our website services, marketing, advertising and sales efforts, and to create links between two or more customer devices. sigma.email will not share this information with a third party for a third partyâ€™s marketing purposes unless you specifically authorize such information sharing. sigma.email does not sell or rent your contact information to third parties.
Third party cookies and tracking
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit network advertising.
Disclosure of Information
Special Offers and Updates
Our customers and users will occasionally receive newsletters or e-mails with information on products, services, or special offers. Out of respect for the privacy of our users, sigma.email gives them the opportunity to opt-out from receiving these types of communications. To opt out of all non-service related communications please follow the instructions included in the mailing you receive.
On rare occasions, it is necessary to send out a strictly service-related announcement, if, for instance, our service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
Third Party Websites
Maintenance of Information
The information provided to sigma.email is saved indefinitely and may be stored on one or more databases directly or indirectly maintained by sigma.email. sigma.email employs industry-standard security measures to protect the confidentiality of the information. While we cannot guarantee that loss, misuse or alteration of data will not occur, we make every effort to prevent such occurrences.
You are responsible for the security of your Customer ID and passwords. Make sure you keep them in a safe place and do not share them with others. Always remember to log out after your session ends to ensure that others cannot access your private personal information. You should take this precaution even if you are not using a public computer, such as at a library or internet cafÃ©, but even when using your private computer in your home.
Â© Transcom ISP, 1993 – 2019, All rights reserved
Version: Oct 19, 2019
Data Processing Agreement
This Data Processing Agreement (“Agreement”) forms part of the Contract for Services under the sigma.email Terms and Conditions (the “Principal Agreement”). This Agreement is an amendment to the Principal Agreement and is effective upon its incorporation to the Principal Agreement, which incorporation may be specified in the Principal Agreement or an executed amendment to the Principal Agreement. Upon its incorporation into the Principal Agreement, this Agreement will form a part of the Principal Agreement.
We periodically update this Agreement. If you have an active sigma.email account, you will be informed of any modification by email. At the bottom of this page you can find archived versions of our DPA.
The term of this Agreement shall follow the term of the Principal Agreement. Terms not defined herein shall have the meaning as set forth in the Principal Agreement.
(A) Your company act as a Data Controller (the “Controller”).
(B) Your company wishes to subcontract certain Services (as defined below), which imply the processing of personal data, to Transcom ISP, acting as a Data Processor (the “Processor”).
(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(D) The Parties wish to lay down their rights and obligations.
IT IS AGREED AS FOLLOWS:
1.Definitions and Interpretation
1.1Unless otherwise defined herein, capitalized terms and expressions used in this DPA shall have the following meaning:
1.1.2″Company Personal Data” means any Personal Data Processed by a Contracted Processor on Controller’s behalf pursuant to or in connection with the Principal Agreement;
1.1.3″Contracted Processor” means a Subprocessor;
1.1.4″Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.5″EEA” means the European Economic Area;
1.1.6EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
1.1.7″GDPR” means EU General Data Protection Regulation 2016/679;
1.1.8″Data Transfer” means:
18.104.22.168a transfer of Company Personal Data from Controller to a Contracted Processor; or 22.214.171.124an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws); 1.1.9″Services” means end-to-end encrypted email services. The Service is described more in detail in Schedule 1.
1.1.10″Subprocessor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of Controller in connection with the Agreement. 1.2The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
2.Processing of Company Personal Data
2.1.1comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and
2.1.2not process Company Personal Data other than on Controller’s documented instructions.
2.2Controller instructs Processor to process Company Personal Data to provide the Services and related technical support.
Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
4.Security 4.1Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
4.2In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach. 5.Subprocessing
5.1Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorized by Controller. 6.Data Subject Rights
6.1Taking into account the nature of the Processing, Processor shall assist Controller by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of Controller obligations, as reasonably understood by Controller, to respond to requests to exercise Data Subject rights under the Data Protection Laws. 6.2Processor shall:
6.2.1promptly notify Controller if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
6.2.2ensure that it does not respond to that request except on the documented instructions of Controller or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Controller of that legal requirement before the Contracted Processor responds to the request.
7.Personal Data Breach
7.1Processor shall notify Controller without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Controller with sufficient information to allow Controller to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
7.2Processor shall co-operate with Controller and take reasonable commercial steps as are directed by Controller to assist in the investigation, mitigation and remediation of each such Personal Data Breach. 8.Data Protection Impact Assessment and Prior Consultation
8.1Processor shall provide reasonable assistance to Controller with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Controller reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.
9.Deletion or return of Company Personal Data
9.1Subject to this section 9 Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.
9.2Processor shall provide written certification to Controller that it has fully complied with this section 9 within 10 business days of the Cessation Date.
10.1Subject to this section 10, Processor shall make available to Controller on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by Controller or an auditor mandated by Controller in relation to the Processing of the Company Personal Data by the Contracted Processors.
10.2Information and audit rights of Controller only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law. 11.Data Transfer
11.1The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of Controller. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
12.1Confidentiality. Each Party must keep any information it receives about the other Party and its business in connection with this Agreement (“Confidential Informationâ€) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:
(a)disclosure is required by law;
(b)the relevant information is already in the public domain.
12.2Notices. All notices and communications given under this Agreement must be in writing and will be sent by email. Controller shall be notified by email sent to the address related to its use of the Service under the Principal Agreement. Processor shall be notified by email sent to the address: email@example.com.
13.Governing Law and Jurisdiction
13.1This Agreement is governed by United Kingdom law.
13.2Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of the United Kingdom.
Schedule 1: Service Description and Pricing
The Service offered by Transcom ISP is sigma.email (“sigma.email”).
sigma.email offers cutting edge email security and privacy with an easy to use interface that is used by millions of individuals and enterprises around the world. sigma.email provides a complete platform that includes both server-side software and client-side applications for Web and Mobile (iOS and Android). sigma.email is cross platform and can be used on all devices without needing software downloads or updates, allowing authorised users access to their email anywhere in the world, on any device.
sigma.email is the world’s first email system that integrates zero knowledge data protection with cross platform capabilities. By utilizing end-to-end encryption, our zero knowledge architecture means sensitive data cannot be intercepted en-route or accessed on the server without explicit permission. The sigma.email software does not have access to raw message data giving individuals and organizations complete control over their email communications and ensuring the highest level of confidentiality.
sigma.email Free provides the ability to easily send and receive end-to end encrypted email for everyone. This includes full access to all of the sigma.email web and mobile clients.
sigma.email Plus and Visionary accounts add to the Free basic plan by adding additional storage and unlocking encrypted email on users custom domains. Additional features include additional email addresses within a users account, higher sending limits, and access to premium features such as encrypted contact details. These plans range from â‚¬48 per year for Plus to â‚¬288 for Visionary users, which also includes 5 additional sub users in addition to the account owner.
sigma.email Professional allows organizations to add unlimited number of users under their organization’s domain at a cost of £12 per month. Included in the Professional plan is the auto-responder, catch-all, and unlimited storage for each of their users.
Schedule 2: Data Processing and Security
1.Description of the data processing carried out on behalf of the Controller
In addition to the information provided elsewhere in the Agreement, the Parties wish to document the following information in relation to the data processing activities.