Terms of Uses

iMAC, Inc. dba iModa(“iModa”) provides digital data storage and encrypted communications services to its customers. Please read this End User License Agreement ("Agreement") carefully; it governs your access to and use of those services. iModa provides you with access to its services only on the condition that you accept all of the following terms and conditions. By clicking “I Agree,” you acknowledge that you have read and understand this Agreement and you agree to its terms and conditions. By using the digital storage and messaging services from PrivateStor and SecureCommunicator and its individual messages, folders and files (collectively, the “Sites”), the services available at the Sites, and any service, software, application, plug-in, component, functionality, or program created by iModa.net (together, the "Services"), you are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services. . If you do not agree to the terms and conditions outlines you are not authorized to use any of iModa’s sites or services.

Should you have any questions concerning this Agreement, please contact support@iModa.net.

iModa may modify this Agreement at any time and will notify you when it does so. If you continue to use iModa after it notifies you about changes to these terms, you are signifying your acceptance of the new terms.

	1.	ACCOUNT HOLDER

	i.	Authorized Use:The Account Holder is granted a limited license and access to use certain iModa provided services. The iModa services you are authorized to use and your level of access will be made available to you for the duration of the license term. Depending on the level of your Authorized Services, you may be able to submit electronic data to the PrivateStor and SecureCommunicator or view and retrieve electronic Data and messages that is stored in the PrivateStor and SecureCommunicator (collectively, the “Data”). You acknowledge and agree that your use of iModa’s provided services is dependent upon pre-paid or monthly subscription payments for said services. Upon termination of payments or pre-paid time period iModa is under no obligation to retain or make available the Data you have stored or communicated. All pre-paid services are provided ‘as is’ and early termination of use by Account Holders does not create an obligation by iModa to refund unused portions of the pre-paid services.

	ii.	Registration: You may register as an “Account Holder” by providing a unique user name and password and agreeing to the terms and conditions of this Agreement. You will: (a) accurately provide all information requested during the registration process, including but not limited to your user name, password, and the e-mail to which your invitation was sent, (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current, or incomplete, or iModa has reasonable grounds to believe that such information is untrue, inaccurate, not current, or incomplete, then iModa has the right to immediately suspend or terminate the Authorized Services.

	2	ACCOUNT HOLDER - GRANTED ACCESS TO INVITEE

	i.	Authorized Use: The Account Holder has sent you an electronic invitation to use certain services to access the Account Holder’s digital storage PrivateStor and encrypted communications SecureCommunicator messages. The iModa services you are authorized by the Account Holder to use and your level of access to the PrivateStor and SecureCommunicator and its individual messages, folders and files (collectively, the “Authorized Services”) will be at the discretion of the Account Holder, who can change or terminate the Authorized Services at any time without notice to you. Depending on the level of your Authorized Services, you may be able to submit electronic data to the PrivateStor and SecureCommunicator or view and retrieve electronic Data and messages that is stored in the PrivateStor and SecureCommunicator (collectively, the “Data”). You acknowledge and agree that you may never have or you may cease to have access to the Data you submit to the PrivateStor and SecureCommunicator.

	ii.	Registration: After you receive your invitation, you may register as an “Authorized User” by providing a unique user name and password and agreeing to the terms and conditions of this Agreement. You will: (a) accurately provide all information requested during the registration process, including but not limited to your user name, password, and the e-mail to which your invitation was sent, (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current, or incomplete, or iModa has reasonable grounds to believe that such information is untrue, inaccurate, not current, or incomplete, then iModa has the right to immediately suspend or terminate the Authorized Services.

	3.	CONNECTIVITY AND SECURITY

	i.	Technology: It is your responsibility to supply your own hardware, software, and connectivity to the internet or private email system as necessary to connect to the Authorized Services. You agree to use software, including but not limited to browser software, that supports a data security protocol compatible with the protocol used by iModa. You acknowledge that iModa is not responsible for any compromise of data transmitted across computer networks or telecommunications facilities, including but not limited to the Internet.

	ii.	Access, Passwords, and Security: You will hold your user name and password in strict confidence. You agree to notify iModa immediately if you become aware of any loss or theft or unauthorized use of your user name or password. You are responsible for safeguarding and maintaining the confidentiality of your user name and password, and you agree not to disclose your password to any third party. You and the Account Holder will be held responsible for any activities or actions under your password, whether or not you have authorized such activities or actions.

	iii.	Communications Under Your Account:For purposes of enforcement of Section 3 below, an "Electronic Communication" is any electronic communication, including but not limited to account registration and other account holder information, e-mail, and Data submitted to the PrivateStor and SecureCommunicator or otherwise through the iModa services under your user name and password. You hereby authorize iModa to treat any Electronic Communications it receives under your password or user name as having been sent by you

	4.	GENERAL PROHIBITIONS You agree not to do any of the following, and iModa reserves the right (but will not have the obligation) to monitor your and your Authorized Users’ usage and Data (and to delete any such data) to enforce these prohibitions:

	i.	Place in the PrivateStor and SecureCommunicator, submit, make available, publish, link to, or transmit any information or communication, that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including but not limited to any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.

	ii.	Allow any other individual to access an Authorized Service using your user name and password.

	iii.	Access (except as explicitly authorized herein), tamper with, or use non-public areas of the Authorized Services, any other iModa services, iModa’s computer systems, or the technical delivery systems of iModa’s providers;

	iv.	Attempt to probe, scan, or test the vulnerability of any iModa (or its providers’) system or network or breach any iModa security or authentication measures;

	v.	Attempt to access (except as explicitly authorized herein) or search the Authorized Services, other iModa services, or Data with any engine, software, tool, agent, device, or mechanism other than the software and search agents provided by iModa or other generally available third party web browsers (such as Microsoft Internet Explorer, Apple Safari, or Firefox);

	vi.	Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Authorized Services or any other iModa services;

	vii.	Interfere with, or attempt to interfere with, the access of any user, host, or network, including but not limited to sending a virus, worm, or Trojan Horse, overloading, flooding, spamming, or mail-bombing the Authorized Services or any other iModa services;

	viii.	Impersonate or misrepresent your affiliation with any person or entity; or

	ix.	Launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Authorized Services, any other iModa services, or Data in a manner that sends more request messages to the iModa servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

	5.	IMODA'S PROPRIETARY RIGHTS

	i.	iModa’s Ownership; Your Limited License:- You acknowledge and agree that all of iModa’s services, including but not limited to the Authorized Services, and any necessary software (including but not limited to User Software, as defined in Section 4.2, below) used in connection therewith, contain proprietary technology that is protected by intellectual property and other laws (collectively, the “Service’s Intellectual Property”). You acknowledge that, as between you and iModa, iModa owns all of the Service’s Intellectual Property. Subject to your compliance with the terms of this Agreement, iModa grants you a non-exclusive right to access the Authorized Services. Except for the foregoing license, you are not granted any right in or to the Service’s Intellectual Property.

	ii.	User Software:- From time to time, iModa may make available to you, in its sole discretion, certain software related to the Authorized Services (the “User Software”). In the event iModa makes User Software available to you, and subject to your compliance with this Agreement (including but not limited to the restrictions in this Section 4.2), iModa hereby grants to you a non-exclusive right and license to install the User Software on your computer, make a backup copy, and use the User Software only to the extent necessary to access the Authorized Services. You have no right to transfer, sublicense, or otherwise distribute the User Software to any third party, and, except as expressly authorized in this Agreement, you will not copy the User Software in whole or in part.

	6.	CONFIDENTIALITY

	i.	iModa will have the right, but not the obligation, to review the Data you submit and your activities related to the Authorized Services to assess your compliance with this Agreement.

	7.	POLICIES & PROCEDURES

	i.	iModa respects the intellectual property and privacy rights of others. In efforts to respect such rights, iModa maintains policies and procedures that are not a part of this Agreement. If you believe that your work has been copied and is accessible on through iModa services in a way that constitutes copyright infringement, please review the http://www.iModa.net/copyright/ for instructions on how to contact us to report possible copyright infringement. The iModa privacy policy, as the same may be modified and amended by iModa from time to time (the “Privacy Policy”), is located at http://www.iModa.net/privacy/ and explains our information practices regarding your Registration Information and use of iModa services.

	8.	WARRANTY DISCLAIMER

	i.	THE AUTHORIZED SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE BASIS.” YOUR USE OF THE AUTHORIZED SERVICES IS AT YOUR OWN RISK. IMODA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IMODA MAKES NO WARRANTY THAT (i) THEAUTHORIZED SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE AUTHORIZED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THEY WILL BE COMPATIBLE WITH ANY PARTICULAR COMPUTER OR DEVICE, OR (iii) ANY ERRORS IN THE SOFTWARE OR AUTHORIZED SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMODA OR IMODA’S WEBSITE OR THROUGH OR FROM THE AUTHORIZED SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE AUTHORIZED SERVICES IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

	9.	INDEMNITY

	i.	You agree to indemnify and hold iModa harmless from and against any and all third-party claims, losses, liability costs, and expenses (including but not limited to reasonable attorneys' fees) (any, a “Claim”) arising from: (a) the contents of the Data you submit to a PrivateStor and SecureCommunicator, including but not limited to a Claim that the Data is in one or more of the categories set forth in Section 3.1 or that the Data is technologically harmful (including but not limited to that it is a virus, worm, or Trojan Horse); (b) your violation of this Agreement, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any intellectual property, violation of any proprietary right, invasion of any privacy rights, or breach of contract; (c) your misappropriation, use, or disclosure of any of the Account Holder’s or another Authorized User’s information contained in a PrivateStor and SecureCommunicator in a manner or for a purpose not explicitly authorized by such Account Holder or Authorized User, or (d) your breach of any representation or warranty set forth in this Agreement. This obligation will survive the termination of this Agreement and it will survive your right to access the Authorized Services.

	10.	TERMINATION

	i.	Conditions of Termination: iModa has the right to terminate this Agreement or your access to the Authorized Services immediately for any reason or no reason upon providing you notice. You acknowledge and agree that, both pre- and post-termination, you may never have or you may cease to have access to the Data you submit to the PrivateStor and SecureCommunicator.

	ii.	Survival: The following provisions will survive termination or expiration of this Agreement for any reason: 2 (“Connectivity and Security”), 3 (“General Prohibitions”), 4 (“iModa’s Proprietary Rights”), 5 (“Confidentiality and Security”), 6 (“Warranty Disclaimer”) 8 (“Indemnity”), 9.2 (“Survival”), 10 (“Limitation of Liability”), 11 (“Force Majeure”), 12 (“Notice”), and 13 (“Miscellaneous”).

	11.	LIMITATION OF LIABILITY

	i.	IN NO EVENT WILL IMODA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY AUTHORIZED USER FOR ANYCONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE ITEMS) EVEN IF IMODA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT THE LIABILITY OF IMODA ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE AUTHORIZED SERVICES WILL NOT EXCEED THE GREATER OF FIVE DOLLARS ($5) OR AMOUNT YOU PAID FOR SUCH SERVICES.

	12.	FORCE MAJEURE

	i.	iModa will not be liable hereunder by reason of any failure or delay in the performance of its obligations on account of events beyond its reasonable control, which include without limitation: failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems, or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; unauthorized access or theft; denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, and material shortages (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, iModa will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the effects of the event continue.

	13.	Notice

	i.	All notices to either party under this Agreement will be in writing and deemed delivered (i) upon receipt of an sent e-mail to the below addresses; or (ii) upon your logging into the Authorized Services and being shown such notice or a link to such notice with a prompt to click on such link.
		To iModa : support@imoda.net To Customer: The e-mail address provided within the Registration Data

	14.	Miscellaneous Provisions

	i.	The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. You do not have the right to assign your rights or delegate your duties under this Agreement. iModa has the right to assign its rights and delegate its duties under this Agreement without restriction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the remaining provisions of this Agreement will remain in full force and effect. This Agreement constitutes the entire agreement and understanding between you and iModa regarding your use as an end user of the Authorized Services, superseding any prior agreements between you and iModa with respect to such subject matter, but not superseding any Customer Services Agreement between you and iModa. This Agreement may be modified or amended only in a writing signed by iModa and you. This Agreement and the relationship between you and iModa will be governed by the laws of the State of California without regard to its conflict of law provisions. You and iModa agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas. The failure of iModa to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect.