Terms of Service

By using our websites and SecureMyEmail (the “Service”), a Service offered by Witopia, Inc., (“Witopia.” the “Company,” or “We”), the user (“You,” or “Your”) agree to abide by the following Terms of Use (the “Terms”). These Terms cover all past, present, and future features offered by Your SecureMyEmail accounts, individually, and collectively, referred to as the “Service.”

These Terms constitute a binding agreement on You and governs your use of and access to the Service by You, and Your users, whether in connection with a free trial, paid subscription, or free subscription to the Service.

If You are entering into this agreement on behalf of a company, organization or another legal entity, You are agreeing to these Terms for that entity and representing to Witopia,  that You have the authority to bind such entity, its affiliates, and all users who access the Service from Your account(s) to these Terms. In the absence of such an authority, You may not use the Service.

Users of the Service

This Service is provided exclusively to individuals who are at least 16 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account. Each user is solely responsible for their messages, and any other content, including files, sent using the Service.

Use of the Service

By using this Service, You agree to not use this Service for any unlawful or prohibited activities. You also agree to not disrupt the Company’s networks, operations, or servers.

You are responsible for maintaining the confidentiality of your security credentials, including passwords, and are liable for any harm resulting from disclosing or allowing disclosure or sharing of any password or security credentials. Due to the zero knowledge encryption nature of the Service, You acknowledge that We have no ability to recover your secret decryption passphrase or password if forgotten or lost.

You agree to comply with all applicable laws and regulations in connection with Your use of the Service.

You further agree that you (or anyone using Your account(s)) will not engage in any of the following activities:

Sending or distributing unsolicited advertisements or content (“SPAM”), including bulk and mailing list emails, to recipients that have not specifically agreed to receive them.

Violating the intellectual property rights of others, including but not limited to, copyright, trademark, and patent infringement. See WiTopia’s Copyright Policy for additional information.

Distributing or storing any unlawful content using the Service, including content directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, libelous, invasive of another’s privacy, or hateful.

Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or forging headers or otherwise manipulating identifiers in order to maliciously disguise the origin of any content transmitted using the Service.

Distributing any material that contains software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.

Violating or attempting to violate the security of the Services;

In addition to termination of Service for illegal activities, as We cannot predict every instance in which it may be necessary, We reserve the right to suspend, terminate, or refuse service to anyone, at any time, and for any reason.

Witopia has no obligation to store or forward any contents of suspended or terminated accounts.

SecureMyEmail is an encryption service, not an email service. As such, We have no ability to repair or affect the performance of Your actual email service from Your email provider.

Types of Accounts

Free or Freemium Accounts

Witopia may offer You certain features or a limited version of the Service on a cost-free basis “Freemium.” Unless suspended or terminated for violations of these Terms, You may use the Freemium Service until the current Service offering is no longer offered, and will not be extended by Witopia, or You upgrade to a paid account. It is the intention of Witopia to provide the Freemium Service, with commercially reasonable updates and upgrades. Certain future significant upgrades and/or additional features available to the Service may incur additional cost if desired.

Lifetime Accounts

Witopia may offer you the Service for a period of 50 years from the purchase date “Lifetime.” Unless suspended or terminated for violations of these Terms, you may use the Service for 50 years from purchase date or until the current Service offering is no longer offered and will not be extended by Witopia. It is the intention of Witopia to provide the Lifetime Service, with commercially reasonable updates and upgrades for 50 years from the purchase date. Certain future significant upgrades and/or additional features available to the Service may incur additional cost if desired.

Paid Accounts

It is the intention of Witopia to provide the Service, with commercially reasonable updates and upgrades. Certain future significant upgrades and/or additional features available to the Service may incur additional cost if desired.

Warranties and Liability

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE, TIMELY, OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

UNDER NO CIRCUMSTANCES SHALL WITOPIA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICE.<

Intellectual Property Rights

Witopia retains all legal rights, titles and interests in and to the Service. This includes any intellectual property right subsisting in the Service, the Website and any part thereof. You acknowledge these rights and agree to respect them at all times.

Indemnify and Hold Harmless

You are responsible for all actions that occur regarding your account. As a condition of service, You agree to indemnify and hold harmless Witopia, including their officers, employees, contractors, agents, shareholders, affiliates, and partners for any cause of action, claim, or damages, including reasonable attorneys’ fees, arising out of or relating to Your use of the Service.

Terms of Payment

Due to their nature, the paid Services provided are generally non-refundable and any refunds or credits given will be at the sole discretion of Witopia. Paid accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund. We have the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.

Modifications to Terms of Service

Within the limits of applicable law, the Company reserves the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms. Continued use of the Service after such changes shall constitute your consent to such changes. We may make improvements and changes to the Service at any time without notice. Witopia may, at their sole discretion, terminate Service without cause or notice. We reserve the right to suspend or delete accounts that are inactive for over six months.

Applicable Law and Venue

This Agreement is to be construed in accordance with and governed by the internal laws of the Commonwealth of Virginia (but expressly excluding the Uniform Computer Information Transactions Act (“UCITA”) as enacted in Virginia) without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the Commonwealth of Virginia (excluding UCITA) to the rights and duties of the parties. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be commenced in a federal court in the Eastern District of Virginia, or in state courts with jurisdiction over Fairfax County, Virginia, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding.

Acceptance of Terms

By logging in to or using the Service, you agree to these Terms and the Privacy Policy, which is incorporated by reference into the Terms of Use.