KidMail SUBSCRIBER AGREEMENT

e-mail Connection, LLC (the “Company”) provides the KidMail safe messaging service, software and website to you subject to compliance with the notices, terms, and conditions set forth below and elsewhere on the KidMail web site (including but not limited to those in the KidMail Privacy Policy, KidMail Acceptable Use Policy, and the KidMail Software End User License Agreement). Any use by you of the KidMail client software or the KidMail safe messaging service constitutes acceptance of all such notices, terms, and conditions.

PLEASE NOTE: This Agreement (and any agreement, rule, or policy relating to the KidMail Software or KidMail Services) may be modified by the Company at any time by publication through the KidMail.net website or by sending each User an e-mail. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE KidMail WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE SITE AND ANY OF THE KidMail SOFTWARE OR SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH MODIFICATIONS HAS BEEN SENT TO YOU.

SUBSCRIBER AGREEMENT

This Agreement (the “Agreement”) sets forth the terms and conditions under which e-mail Connection, LLC (the “Company”), together with any affiliate of the Company and/or distribution partner of the Company, agrees to provide the KidMail.NET e-mail account hosting service (hereinafter the “Service”) to you on behalf of yourself and minors for whom you have legal guardianship (collectively referred to as, “you” or “Subscriber”). By completing the registration and using the Service, You (i) agree that your use of the Service is bound by the terms of this Agreement, and (ii) represent and warrant that you are at least 18 years of age. If you do not agree with the foregoing, you may not use the Service. This Agreement takes effect on the date on which you accept this Agreement, and continues until your subscription is terminated.
Company reserves the right to modify the terms of this Agreement or prices for the Service and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes online. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by Company.
1. Subscription. Your subscription entitles you to use the Service. Your subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer. You agree to contact Company immediately upon the occurrence of any change in the status of your account (e.g., change in individuals authorized to use your account) for the purpose of updating your account information.

2. Payment Terms. You agree to pay all monthly fees and installation charges, including applicable franchise fees, taxes, customer service fees, late fees and door collection fees. Monthly fees will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed and the Service may be terminated. You may be required to pay a reconnect fee and/or a security deposit in addition to all past due charges before the Service is reconnected.

3. Acceptable Use Policy. You agree to use the Services strictly in accordance with the KidMail Acceptable Use Policy which may be modified by Company from time to time, and which is incorporated herein by reference and made a part of this Agreement. Without limiting the generality of the foregoing, Company may terminate any user whom it determines is intentionally attempting to evade our Acceptable Use Policies or if we believe that user’s conduct violates other applicable law or is harmful to the interests of KidMail, its affiliates, or other users, or for any other reason in our sole discretion, with or without cause.

4. Communication Responsibility. You are solely responsible and liable for all material that you e-mail, transmit or otherwise make available via the Service. Company does not claim ownership of material you e-mail or make available via the Service.

5. Links to Third Party Web Sites. In your use of the Service, you may encounter various types of links that enable you to visit web sites operated or owned by third parties (“Third Party Site(s)”). These links are not under the control or ownership of Company. The inclusion of any link to a Third Party Site is not (i) an endorsement by Company of the Third Party Site, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the Third Party Site. Your use of any Third Party Site is governed by the various legal agreements and policies posted at that Web site.

6. Monitoring and Removal of Content. Company is under no obligation to monitor the Services. However, Company reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content on its servers that it considers, in its sole discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in Company’s possession about or related to you, your use of the Services or otherwise as Company deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.

7. Privacy. You agree that Company may collect and disclose information concerning you and your use of the Service in the manner and for the purposes set forth in the KidMail Privacy Policy, which may be modified by Company from time to time, and which is incorporated herein by reference and made a part of this Agreement.

8. No Spam or Other Unsolicited Bulk e-mail. Company may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any “spam” or other unsolicited bulk e-mail. In addition, if actual damages cannot be reasonably calculated, you agree to pay Company liquidated damages of five dollars (U.S. $5.00) for each piece of “spam” or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay Company’s actual damages, to the extent such actual damages can be reasonably calculated. Company reserves the right to block, reject or remove what it considers in its sole discretion to be “spam” or other unsolicited bulk e-mail from the Service.

9. Termination and Surviving Obligations. Either party may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice of such termination. In the event of termination by you, you must also notify Company by a non-electronic written submission. e-mail submissions shall not constitute effective notice. In the event of termination by Company, Company may notify you of such termination by electronic or other means. In those cases where you elect annual prepayment terms, you agree and understand that the calculation of any refund for unused Service will be based upon the normal monthly rate for the Service and not upon the discounted annual prepayment rate.

You expressly agree that upon termination of this Agreement: (i) You will pay Company in full for your use of any Service up to the later of the effective date of termination of this Agreement or the date on which the Service and has been You agree to pay Company on a pro-rated basis for any use by you of any Services for a part of a month. (ii) Company is authorized to delete any files, programs, data and e-mail messages associated with such account.

10. Disclaimer of Warranties and Limitation of Liability. You expressly agree that Company is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights. It is possible that hackers may attack the KidMail.net web system or intercept web communication across the Internet, and thereby gain access directly or indirectly to personal information and messages. Our Company makes a reasonable effort to protect our systems, however web system vulnerabilities, database vulnerabilities, and SPAM vulnerabilities are myriad and constantly evolving. There can be no assurance that our system will not be compromised somehow by a malicious or inadvertent attack. THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER COMPANY, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES, OBSCENITY, OR OTHER HARMFUL OR MALICIOUS AGENTS. COMPANY DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. COMPANY AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE, OF THE SERVICE, OR COMPANY’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE COMPANY TECHNICIAN OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, COMPANY’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. COMPANY IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedy under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

11. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the KidMail system. Company will notify you within a reasonable period of time of any claim for which Company seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Company’s interests, as reasonably determined by Company.

12. Management of Network. Company reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, without limitation, the following: rate limiting, rejection or removal of “spam” or otherwise unsolicited bulk e-mail, traffic prioritization, and protocol filtering. You expressly accept that such action on the part of Company may affect the performance of the Service. Company reserves the right to enforce limits on specific features of the Service including, without limitation, e-mail storage maximums.

13. Copyright and Trademark Notices. Copyright © 1994-2003 e-mail Connection, LLC. Any rights not expressly granted in this Agreement are reserved for the exclusive use of e-mail Connection, LLC. KidMail, the KidMail logo, the KidMail character, "e-mail for Kids" and “The Safe Messaging Service” are the exclusive trademarks of e-mail Connection, LLC.

14. Governing Law and Jurisdiction. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Washington. All disputes arising out of or related to this Agreement and the Service must be brought in a federal or state court located in the state of Washington, King County. You consent to the personal jurisdiction of such courts located in the state of Washington. You waive all rights to bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.

15. Notices to Company. Any notices to Company or questions about the Subscription Agreement and use of the services can be directed to the following address:

Director of KidMail Subscriptions
e-mail Connection, LLC
15127 NE 24th Street, Suite 468
Redmond, Washington, U.S.A. 98052

16. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of its provisions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit Company’s rights and remedies available at law or in equity. Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable by Company to third parties.

KidMail End User License Agreement

The following End User License Agreement ("EULA") is presented prior to installation of the KidMail Software. Use of the KidMail Software is optional, but if it is installed you must abide by the terms of use, as defined by this Agreement.

IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this KidMail End-User License Agreement ("EULA"). You will be asked to review and either accept or not accept the terms of the EULA. This software will not install on your computer unless or until you accept the terms of this EULA.

Your click of the "I Accept" button is a symbol of your signature that you accept the terms of the EULA.

This EULA is a legal agreement between you (the "User" or "Licensee" on behalf of yourself and minors to whom you have granted usage privileges) and e-mail Connection, LLC (herinafter referred to as the "Company") for the KidMail software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation (the "Software"). By installing the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the Software.

This Agreement (and any agreement, rule, or policy relating to the KidMail Software or KidMail Services) may be modified by the Company at any time by publication through the KidMail.net website or by sending each User an e-mail. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE KidMail WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE SITE AND ANY OF THE KidMail SOFTWARE OR SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH MODIFICATIONS HAS BEEN SENT TO YOU.

1. Grant of Limited License. Company grants to you, the Licensee, a personal, non-exclusive, and nontransferable license to use the object code version of the Software, on a single computer, and to display the program through its supplied user interface. If obtained for home-use, Licensee may also use the software on an unlimited number of personal computers by family members and residents, provided that the software is in use only within Licensee's household. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard drive, CD-ROM or other storage device) of that computer.

2. Copyright. The SOFTWARE is wholly owned by the Company and is protected by United States copyright laws and by international treaty provisions. A Licensee may make one copy of the Software solely for backup purposes, and print the text of supporting materials accompanying the Software (the "Documentation"). A Licensee may not otherwise copy the Software or Documentation.

3. Software Operation

3.A. No Message Blocking. The Software was designed for use primarily with the KidMail.net safe messaging service. The KidMail.net service provides various protections against unsolicited or unwanted messages. LICENSEE ACKNOWLEDGES THAT THE SOFTWARE ITSELF DOES NOT FILTER MESSAGES IN ANY WAY. "SPAM" unsolicited commercial e-mail messages and other unwanted messages are likely to be displayed by the Software if it is used in conjunction with another e-mail service.

3.B. Privacy. In the course of normal operation, the Software transmits electronic messages. Such messages are by their nature private information. The Software utilizes industry-standard messaging protocols, with and without encryption. The Company cannot guarantee that such data may not, by some means, be observed or gathered surreptitiously by 3rd parties.

4. Restrictions on Use. Licensee shall not allow the use of the Software except on computers owned or leased by Licensee. Licensee agrees that this License grant does not include the rights of modification, manufacture, distribution, sale, or sublicense. Specifically, Licensee agrees not to (a) sublicense the Software, or rent, lease, loan or assign the Software, or distribute or sell the Software, or copy the Software for distribution or sale; (b) modify, adapt, translate, reverse engineer, decompile, or disassemble the Software; (c) modify, improve, or create derivative works of any type, or create software that has functionally similar features in whole or in part, for a period of one year from the end of the term of this Agreement; or (d) copy any related documentation or supporting materials accompanying the Software ("Documentation").

5. Term. The term of this Agreement shall begin at the time the Licensee downloads or otherwise places the Software in use, and shall continue until either terminated by the Company, at its sole discretion, or until the Software is no longer in use. Upon termination of this Agreement, Licensee agrees to uninstall and delete the Software, the backup copy, and destroy any copy of the Documentation. The provisions of Sections 3, 4, 6, 7, 8, 9, 10, 11 and 12 shall survive termination of this Agreement.

6. Ownership. The Company is the sole owner of all rights not explicitly granted with this License Agreement including trade secrets, trademarks, patents, and copyrights. No title or ownership of the Software, Documentation, or any intellectual property rights are hereby assigned or otherwise transferred to Licensee. Licensee shall not remove or alter ownership, trademark, copyright, or other proprietary notices on the Software or technical data. Licensee agrees to take all necessary measures required to protect the Company's intellectual property rights and trade secrets in the Software and Documentation.

7. Limited Warranty and Limited Remedy. Company warrants to each Licensee that the Software as delivered will substantially conform to the Documentation, and that the original diskettes and Documentation are free from defects in material and workmanship under normal uses, for a period of ninety days from the original end user's purchase thereof (the "Limited Warranty Period"), provided the Software is used with compatible computer hardware and operating systems. This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. The sole remedy under this Limited Warranty will be to replace the Software with a new copy.

8. DISCLAIMER OF WARRANTIES, AND EXCLUSION OF DAMAGES. THE COMPANY AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

This limitation shall apply notwithstanding any failure or inability to provide the limited remedies set forth above. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation(s) or exclusion(s) may not apply to a Licensee.

9. Injunctive Relief. Because of the unique nature of the Software, Licensee understands and agrees that The Company will suffer irreparable injury in the event Licensee fails to comply with any of the terms of this Agreement and that monetary damages may be inadequate to compensate the Company for such breach. Accordingly, Licensee agrees that the Company shall be entitled to injunctive relief, without posting a bond, in addition to any other remedies available to it at law or in equity.

10. Jurisdiction, Venue and Interpretation. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. Each party consents to personal jurisdiction and venue in King County Superior Court, Seattle Division. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court rules as invalid any provision of this Agreement or the application of any provision to any person or circumstance, the remainder of this Agreement shall not be affected thereby.

11. Entire Agreement. This is the entire agreement between Licensee and Company, which supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. There are no verbal or other agreements that modify or affect this agreement. Any modification of this Agreement must be in writing signed by both parties.

12. U.S. Government Restricted Rights. The Software is provided with RESTRICTED RIGHTS. United States law restricts access to this Software with respect to (i) Cuba, Iran, Iraq, Libya, Serbia, Montenegro, North Korea, Syria and any other country for which the U.S. has instituted an embargo of goods; and (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Order. By downloading or using the Software, a Licensee agrees to comply with all laws, rules and regulations applicable to the export of the Software. Each Licensee represents and warrants that the Licensee is not a national of, located in, or under the control of any such country or on any such list. Each Licensee also represents and warrants that it will not transfer, deliver or transmit to any person or entity that is a national of, located in, or under the control of any such country or on any such list.
This Software is also subject to restrictions as set forth in subparagraph(c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights 48 CFR 52.227-19, as applicable. Manufacturer is e-mail Connection, LLC, 15127 NE 24th Street, Suite 468, Redmond, Washington, 98052.

COPYRIGHT NOTICE. Copyright © 1994-2003 e-mail Connection, LLC Any rights not expressly granted in this Agreement are reserved for the exclusive use of e-mail Connection, LLC.

TRADEMARKS. KidMail, the KidMail logo, the KidMail character, "e-mail for Kids" and “The Safe Messaging Service” are the exclusive trademarks of e-mail Connection, LLC.

KidMail and Your Privacy

It is important to us that your experience with KidMail is comfortable, enjoyable, and safe. That's why we respect your family’s right to privacy. We safeguard private information about you and your children. We've developed this privacy policy with you and your family in mind, because we think you're entitled to know what information KidMail collects and how it is used.

Rest assured that if we plan to make any changes affecting your Personally Identifiable Information, we will provide you with conspicuous notice through the KidMail service and web site and an opportunity to delete that information. Keep in mind your participation in the KidMail service is also subject to and controlled by the Terms of Use. If you have any questions about our privacy policy, please contact our Director of Privacy, at privacy@KidMail.net

This Privacy Policy is broken down into the following sections:

• What Information Does KidMail Gather
• How KidMail Uses Information It Collects
• KidMail's Data Security Policies
• Disclosure of Information to Third Parties
• Changing and Deleting Information
• Changes to Our Policy
• Contacting KidMail
• Useful Privacy Links

PLEASE NOTE: This Privacy Policy (and any agreement, rule, or policy relating to the KidMail Software or KidMail Services) may be modified by the Company at any time by publication through the KidMail.net website or by sending each User an e-mail. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE KidMail WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE SITE AND ANY OF THE KidMail SOFTWARE OR SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH MODIFICATIONS HAS BEEN SENT TO YOU.

WHAT INFORMATION DOES KidMail GATHER?
The KidMail Service User Registration Information

In order for your family members to use the KidMail safe messaging service, you (the parent/guardian) must establish a subscription account with us. During the registration process, we require entry of certain “Personally Identifiable Information” such as your own e-mail address, billing and shipping information. We also may ask you to answer a few questions about your system speed and connectivity to the Internet.
Once an administrative account has been created, you are then able to create accounts for each child in your household. We ask you to indicate the age (birth-date) and gender of each child. This demographic information is used by our organization to statistically understand our customer base, and to facilitate compliance with child online privacy regulations.

Please also note – The KidMail Software has a page called “My Personal Stuff” in which your child is invited to enter his/her favorite color, food, etc. This information is not transmitted. It is unused, and is simply there for amusement/interactivity.

If you have requested to directly receive promotional information about business partners of KidMail, we will send information to you periodically. As a matter of policy, we do not share your e-mail address with 3rd parties. All such promotional e-mail, if any, will come directly from KidMail.net.
You may view and make changes to your account information, including these options, at any time.

As noted, if our plans regarding your Personally Identifiable Information change, we will provide you with a prominent notice on our web site, and give you an opportunity to delete your Personally Identifiable Information from our records.

A Special Note about Children

We believe strongly that parents should play an integral part in their child's on-line experience and should monitor that activity to ensure on-line sites are respecting their child's privacy. For additional information on protecting children's privacy, visit: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html

KidMail does not share with promotional partners the Personally Identifiable Information for any child accounts, regardless of age. We do not sell or rent access to children’s e-mail addresses. If permission has been granted by you, we may automatically send a friendly birthday/half-birthday greeting by e-mail to your child. The greeting has no commercial intent.

A credit card is required in order to establish a KidMail account. The billing contact must be the parent or legal guardian of each child for whom an e-mail account is created. KidMail does not allow creation of accounts directly by a child.

Your Use of the KidMail Web Site.

Your participation in the KidMail parental community, and our ability to provide quality customer service depends on our ability to verify account activity. In order to do this, we collect certain information about your Internet connection. Accordingly, each time you login to our service, KidMail collects your Internet Protocol (IP) address, and the date and time of your login. Certain other information in the form of “cookies” is stored on your PC to facilitate login.

Your Child’s Use of the KidMail Safe e-mail Service.

Parental Monitoring

By using the KidMail safe messaging service, your child’s privacy is of course, compromised in order to protect him/her from inappropriate SPAM e-mail (much of which is of a sexual nature) as well as to protect the child from persons with malicious intent. By default, you receive a copy of your child’s correspondence, both incoming and outgoing. You, as parent/legal guardian exercise your right to monitor and control the correspondence of your children, just as you are legally within your rights to intercept postal mail of an unsavory nature and/or from persons of whom you disapprove. We encourage parents to be forthright with their children about this monitoring activity. We believe that children who are old enough to comprehend message filtering should be aware that you are doing so, and that it is for their protection, but we leave the decision to you.

As your children mature and seek some degree of privacy even from their parents, KidMail enables you to take yourself out of the loop -- for communication with trusted addresses such as very close friends and relatives. We caution you to utilize this option with the utmost caution. A surprisingly large percentage of children are victimized by trusted family members and friends.

Internet Communication is Inherently Not Secure

The KidMail messaging service interacts with other e-mail servers on the Internet via standards-based protocols (namely SMTP, POP3, and TCP/IP). It is inherently exposed to the same privacy risks (with regard to so-called “packet sniffers” and other forms of espionage by hackers and government agencies) as are other standards-based e-mail servers.

Please note -- The KidMail client software enables children to “encode” their messages. This encoding is a simple character replacement codex. The alphabet is mapped to itself in reverse order. The encoding is easily decrypted. It is meant only as an amusement for the children using KidMail.

Message Storage in the KidMail.net Database

In order to provide its safe messaging service, private messages to and from your children flow through our system. Incoming messages are “quarantined” and remain in our database until approved by you, the parent administrator for delivery to your child’s inbox. A similar control mechanism exists for outgoing e-mail. KidMail.net does not archive old messages. We remove them from our system shortly after they have been delivered or after 30 days, if unread or not parentally approved. Technical personnel at KidMail.net have access to the database for administrative purposes only. We do not have personnel who actively monitor message content. This is a parental responsibility. We may however provide tools that automatically sort messages depending upon a computed likelihood that it is a SPAM message or contains a virus. Such automated filtering is designed to ease the task of parental review, but not substitute for it.

It is possible that hackers may attack the KidMail.net web system or intercept web communication across the Internet, and thereby gain access directly or indirectly to personal information and messages. We make a reasonable effort to protect our systems, however web system vulnerabilities and database vulnerabilities are myriad and constantly evolving. There can be no assurance that our system will not be compromised somehow by a malicious or inadvertent attack.

HOW KidMail USES INFORMATION IT COLLECTS

As noted, most of the information KidMail collects is gathered for purposes of providing you with the KidMail service. In addition, KidMail may aggregate data it collects on the use of the service to improve and maintain the service, or for broad, demographic marketing activities. Such uses will not disclose any of your Personally Identifiable Information.

The Personally Identifiable Information you provide to us is currently being used only to allow KidMail to correspond with you (and to send friendly birthday greetings to your children).
This non-disclosure policy applies also to any Personally Identifiable Information you supply during interactions with our customer service department. If our policy changes, of course we will notify you of that change by e-mail and via a prominent notice on our web site.

KidMail’S DATA SECURITY POLICIES

We take special security measures to protect the Personally Identifiable Information that we store. This means, for example, that we use appropriate software and hardware tools to protect our computers against unauthorized access. Passwords are stored in a cryptographically secure format. We also prohibit our employees from accessing your Personally Identifiable Information except on a need to know basis, and even then only under confidentiality agreements. Our engineers review the security measures on a regular basis to update and strengthen these protections.

• KidMail will reveal information, including Personally Identifiable Information, to the extent it reasonably believes it is required to do so by law. If we receive legal process calling for the disclosure of any of your Personally Identifiable Information we will, if permitted by law, attempt to notify you via the e-mail address you supplied during registration at least ten days before we respond to the request.
• KidMail may transfer information it collects, including any Personally Identifiable Information, in the course of a sale of all or most of the assets of the company.
• KidMail may also disclose your Personally Identifiable Information with your express consent. If we seek that consent, we will do so unambiguously, explaining precisely what information we seek to disclose, and the purpose for the disclosure.
• We may reveal a user's identity (or whatever information we know about that individual) if we believe that user is harming or interfering with other KidMail users, anyone else, or violating (either intentionally or unintentionally) our End-User Software License Agreement, our Terms of Use, or any of KidMail's rights or property.

CHANGING AND DELETING INFORMATION

KidMail is committed to ensuring that you have appropriate control over your information. Changing your password, e-mail address and other registration information can be easily changed at the www.KidMail.net web-site.

If you are no longer an accountholder and you would like to delete your Personally Identifiable Information (including your e-mail address), you can send an e-mail request to remove@KidMail.net. Your Personally Identifiable Information will be deleted unless we are under a legal obligation to retain it.

CHANGES TO OUR POLICY

From time to time, KidMail may change its privacy policy. You will be given conspicuous and advance notice of these changes by posting on our website. Before any changes are made to this policy concerning how KidMail handles your Personally Identifiable Information, you will be given an opportunity to delete that information from our records.

CONTACTING KidMail

If you have questions about our privacy policy or anything related to your privacy on our service, we'd love to hear from you. Feel free to contact our Director of Privacy, at privacy@KidMail.net. You can also write to us at:

Director of KidMail Privacy
e-mail Connection, LLC
15127 NE 24th Street, Suite 468
Redmond, Washington, U.S.A. 98052

USEFUL PRIVACY LINKS

If you want to read more about Privacy, here are some links you might find useful...

• Compliance with the Children's Online Privacy Protection Rule - information from the Federal Trade Commission.
• Electronic Frontier Foundation - a civil liberties organization working to protect your rights.online.
• Electronic Privacy Information Center - established to focus public attention on emerging civil-liberties issues relating to the National Information Infrastructure.
• Privacy Issues Page - from the Center for Democracy and Technology (CDT).
• The EPIC Cookies Page - definitions, links, and news.
• How to Protect Your Privacy - information from the Federal Trade Commission.

ACCEPTABLE USE OF THE KidMail WEB SITE, MESSAGING SERVER, AND CLIENT SOFTWARE

Welcome to KidMail.

We are very pleased that you have chosen the KidMail.net e-mail account hosting service (the "Service"). Our goal is to provide your family with a high-quality, safe e-mail messaging experience. This Acceptable Use Policy (the "AUP") has been designed to protect our Service, our subscribers, and the Internet community, from inappropriate, illegal or otherwise objectionable activities. Please read this policy prior to accessing the Service. All users of the Service must abide by this AUP. Your violation of this AUP may result in the immediate suspension of your access to the Service and/or termination your KidMail account. This AUP should be read in conjunction with our KidMail Subscriber Agreement, KidMail Privacy Policy, and other applicable policies.

By using the Service, you agree to abide by, and require others using the Service via your account to abide by the terms of this AUP. You should consult this document regularly to ensure that your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE COMPANY CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.
PLEASE NOTE: This Acceptable Use Policy (and any agreement, rule, or policy relating to the KidMail Software or KidMail Services) may be modified by the Company at any time by publication through the KidMail.net website or by sending each User an e-mail. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE KidMail WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE SITE AND ANY OF THE KidMail SOFTWARE OR SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH MODIFICATIONS HAS BEEN SENT TO YOU.

The KidMail.net Service. The KidMail.net safe messaging service is an integrated web system and e-mail service created to enable parents to monitor and safeguard their children’s e-mail communication. Access to the service is provided on a paid subscription basis to Subscribers, and governed by the KidMail Subscriber Agreement.

The KidMail “e-mail for Kids” Software. Subscribers to KidMail.net are also granted a license to use an interactive e-mail program, which is also called “KidMail” (the “KidMail Software”). Licensees of the KidMail Software may install it on their personal computers as per the terms of the KidMail Software End User License Agreement.

e-mail Software Provided by Third Parties. Other POP3 compatible e-mail client software may also be used with the KidMail.net safe messaging service in lieu of the KidMail Software, provided that the Subscriber is appropriately licensed to use such 3rd party software (such as Outlook, IncrediMail, Eudora, Netscape Communicator, etc.) and that use of such software complies with the acceptable use policies presented herein. Although there are presently no restricted 3rd party products, we specifically reserve the right to restrict or disallow use of third party software at our sole discretion.

Harm to Minors. You may not use the Service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material.

KidMail May Not Be Used to Transmit SPAM. As described in the Subscriber Agreement, Company may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any “spam” or other unsolicited bulk e-mail. In order to prevent abuse of our service, a credit card is required in order to register, and senders of SPAM will be charged (U.S. $5.00) for each piece of “spam” or unsolicited bulk e-mail transmitted from or otherwise connected with the sender’s account.

The Service also may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services that violates this Policy or the acceptable use policy of any other Internet service provider. Likewise, unsolicited e-mail sent from accounts on other Internet hosts must also not direct the recipient to any web site or other resource that uses the Service.

You may not reference KidMail or any portion of the Company network (e.g. by including "Organization: KidMail" in the header or by listing an IP address that belongs to the KidMail network) in any unsolicited e-mail even if that e-mail is not sent through the Company’s network. Further, forging, altering or removing electronic mail headers is prohibited.

Prohibited Activities. You may not use the Service in a manner that violates any applicable local, state, federal or international law, order or regulation. Additionally, You may not use the Service to:

• Conduct, participate in, or otherwise facilitate pyramid or other illegal soliciting schemes.
• Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
• Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.
• Post, transmit, or disseminate content that is threatening, abusive, libelous, slanderous, defamatory, incites hatred, or is otherwise offensive or objectionable.
• Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the equipment or the Service, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse, cancelbot, or other harmful feature.
• Collect or store personal data about other users.
• Engage in "mail bombing," (the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account).
• Violate any other Company policy or guideline.

Intellectual Property Infringement. You may not use the Service to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, or propriety rights of any party. Company assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.
User Content. You are solely responsible for any information that you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate and must take appropriate precautions to prevent minors from receiving inappropriate content. Company reserves the right to refuse to post or to remove any information or materials from the Service, in whole or in part, that it, in Company’s sole discretion, deems to be offensive, indecent, or otherwise objectionable.

Commercial Use. The Service is designed for personal use of the Internet and may not be used for commercial purposes. You may not resell or otherwise charge others to use the residential Service. You agree not to use the Service for operation as an Internet service provider, or for any other business enterprise, including, without limitation, virtual private network usage, IP address translation, or similar facilities intended to provide additional access.

Misuse of Service. You are responsible for any misuse of the Service that occurs through your account. You must therefore take steps to ensure that others do not gain unauthorized access or misuse the Service.

Hacking/Attempted Unauthorized Access. You may not use the Service to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person. The equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks or computers for any reason. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.

Security. You are solely responsible for the security of any device connected to the Service, including any data stored on that device. We strongly recommend that you take appropriate security precautions for any systems connected to the Service.

Disruption of Service. You may not disrupt the Service in any manner. Nor shall you interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges or attempts to "crash" a host.

Viruses, Trojan Horses, Worms and Denial of Service Attacks. Software or other content downloaded from the Service may contain viruses and it is your sole responsibility to take appropriate precautions to protect your computer from damage to its software, files and data. You are prohibited from posting, transmitting or disseminating any information or software that contains a virus, Trojan horse, worm or other harmful program or that generates levels of traffic sufficient to impede others' ability to send or retrieve information. Prohibited conduct of this type includes denial of service attacks or similarly disruptive transmissions, as well as transmissions containing other harmful or malicious features.

Bandwidth, Data Storage and Other Limitations. You must comply with the current bandwidth, data storage and other limitations on the Service. You must ensure that your activities do not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole judgment of Company) an unusually large burden on the network itself. In addition, you must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Company’s ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network services. Company may terminate, suspend, or require you to upgrade the Service and pay additional fees if Company, in its sole discretion, determines that that you are using excessive bandwidth.

Conflict. In the event of a conflict between the Subscriber Agreement and this Policy, the terms of the Subscriber Agreement will prevail.