Terms & Conditions
1. Acceptance of Terms
The webpages made available at www.siphs.com, and all linked pages ("Website") are owned and operated by SIPHS, LLC, a Delaware
Limited Liability Company.
By using the Website, or any other services offered by SIPHS you agree to comply with and be bound by
the following Terms and Conditions (the Agreement). SIPHS reserves the right to modify the Agreement at
any time. Please read this agreement carefully, and please check these Terms & Conditions periodically for changes.
If you do not agree to these Terms & Conditions, please do not use the Website. Use of the Website is limited to individuals
who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation
or other business entity.
2. Using the Website
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of
information), and other content of the Website, all of the foregoing provided by SIPHS, and any of the foregoing sent to you by
e-mail or other means (collectively, the Website Content) are proprietary to us or to third parties.
SIPHS authorizes you to view,
download, and print the Website Content subject to the following conditions: (i) you may not use any of the Website Content
for the purpose of soliciting, for any service or product, companies or individuals that have information included in Website Content;
(ii) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Website Content.
Except as expressly permitted above, copying; modifying; storing for any republication; uploading; posting; transmitting;
distributing or otherwise exploiting in anyway the Website Content, or any portion of the Website Content,
is strictly prohibited.
The mark SIPHS is proprietary to us, and it may not be used in connection with any service
or products other than those provide by SIPHS, in any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits SIPHS.
You agree, and represent and warrant, that your use or other exploitation of the
Website and the Website Content, or any portion thereof, will be consistent with the foregoing license and restrictions and will
neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition,
you agree that you will comply with all applicable laws, regulations and ordinances relating to the Website, the Website Content
or your use of them, and you will be solely responsible for your own individual violations of any of them.
3. User Posted Content
You understand and agree that SIPHS may review and delete any content,
messages, profiles (collectively Posted Content) that in the sole judgment of SIPHS violate
this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten
the safety of Members (collectively "Unauthorized Posts"). An Unauthorized Post includes but is not limited to, a post that:
- * is patently offensive to the online community, such as Posted Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- * harasses or advocates harassment of another person;
- * involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- * promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- * promotes pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices, or provides pirated music or links to pirated music files;
- * contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- * provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- * provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- * solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- * engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- * infringes upon any copyright and intellectual property rights
SIPHS may ban any SIPHS accounts that promote Unauthorized Posts at any time for any reason (including, but not limited to, upon receipt of claims
or allegations from third parties or authorities relating to such Posted Content), or for no reason at all. To report abuse,
please email: abuse@siphs.com
5. SiphsMail Service Terms
A SiphsMail Account is a subscription to the SiphsMail service provided by SIPHS, LLC for a paritucular hostname,
where a hostname is a unique subdomain controlled by the user (e.g., www.creativecommons.com). Users can have
multiple hostnames associated with a single SIPHS account, but any given hostname can only be associated with a
single SIPHS account.
New SiphsMail Accounts are provided unlimited access to a Trial Version of the SiphsMail Premium plan for 30 Days to evaluate,
test and use the Service. The Trial Version of the Service is provided free of charge. SIPHS may restrict the length of time,
number of days, and emails distributed through the Trial Version. Upon expiration of the 30 Day Trial Version, the user’s account
will be changed to the Free Plan of the Service. If the user desires additional services beyond the scope and limitations of the
Free Plan, then the user must subscribe to an alternative service plan as a paying customer. SIPHS reserves the right to
change the terms of the Trial Version or any other plan at any time. SIPHS also reserves the right to embed advertisments with
emails sent from "FREE" accounts after the completion of the trial period.
You may upgrade your Trial Version to a paying plan anytime. By upgrading to a paying plan your Trial
Version will end. Your billing cycle begins immediately on the day you upgrade your Service to a paying plan. If you upgrade
your service from one paying plan to a different paying plan, your billing cycle will not change and you will pay a prorated
price based on the time used under the previous paying plan. Paying plans cannot be downgraded during the billing cycle.
Services are billed in advance and the billing cycle lasts for the period of 12 months, at which point the Service
will expire unless renewed. Service renewal at the end of the billing cycle is the responsibility of the user. Any
accounts not accessed within 90 days after Service expiration will be automatically cancelled and deleted. All fees
are exclusive of all taxes or duties imposed by taxing authorities.
All payments rendered are non-refundable. You may cancel your subscription to the Service at anytime
by emailing us at support@siphs.com. Refunds and/or credits cannot be issued for partial months or periods
pre-paid in advance.
All cancellation notices are made effective immediately upon receipt. Refunds and/or credits cannot be issued for unused
partial months or periods pre-paid in advance. Upon cancellation, SIPHS will destroy all content, data, information, text,
files, documents, images and feeds that were created and accessed during your subscription to the Service.
SIPHS may change the prices for any of its Services upon 30 days notice via the SIPHS website (www.siphs.com)
or through the Service itself. Any price changes will be made effective upon the next billing cycle.
5. Copyright & Intellectual Property Policy
SIPHS respects the intellectual property right of others. Upon receipt of a copyright or other intellectual property infringement
notice, SIPHS will promptly respond to the alleged infringement and act in compliance with the Digital Millennium Copyright Act ("DMCA") and other
applicable intellectual property laws. If you believe that your work has been copied and posted on the Service
in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic
or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located
on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: by mail
DMCA Infringement Notification Dept, SIPHS, LLC. 24 Samantha Drive, Coram, NY 11727; by email abuse@siphs.com;
by telephone: 631-748-6797.
6. Links
The Website contains links to third-party websites. Links to third-party websites are not endorsements
and do not imply affiliation with the linked site by SIPHS. You acknowledge and agree that SIPHS is not responsible for the
availability of these links and is not liable for the contents of any linked site. You further acknowledge and agree that SIPHS shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such linked site or resource.
7. Warranty Disclaimer And Limitation of Liability
SIPHS makes no representations or warranties of any kind regarding the Website and
Website Content. The Website and Website Content are provided in "AS IS" condition, and SIPHS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE WEBSITE AND THE WEBSITE
CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii)
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE WEBSITE CONTENT, (iv) AND AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR THE WEBSITE CONTENT. No advice or information, whether
oral or written, obtained by you from SIPHS or through the Website or Website Content will create any warranty not expressly stated herein. YOU USE THE WEBSITE AND THE WEBSITE CONTENT AT YOUR OWN RISK, AND SIPHS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THEIR OPERATION, USE OR OTHER EXPLOITATION. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the operation, use or other exploitation of the Website or the Website Content, including any allegation or claim that SIPHS has or should indemnify, defend, or hold you harmess from any claim or allegation arising from the operation, use or other exploitation of the Sites or the Sites Content.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM SIPHS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR WEBSITE CONTENT OR YOUR USE THEREOF, EVEN IF SIPHS
HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. Your Indemnity of SIPHS; Termination of Use
You agree to indemnify and hold SIPHS harmless from all causes of action, claims
and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys' and professionals'
fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations
under this Agreement or your use of the Website or Website Content. For any indemnified matter, SIPHS will have full control of the
response thereto and the defense thereof, including, without limitation, any agreement relating to the settlement thereof, and you will
cooperate with SIPHS in such matter. SIPHS may terminate any person or entity's access to any or all of the Website
upon any breach of the terms and conditions of this Agreement.
9. Applicable Law & Jurisdiction
The Website (excluding links) are controlled by SIPHS and operated by SIPHS from its offices
in and around Suffolk County, New York. Although SIPHS has made no effort to publish the Website elsewhere, because the Website is
published on the World Wide Web it is accessible in all fifty states and other countries. By using the Website you and SIPHS agree that all matters
arising from or relating to the use and operation of the Sites will be governed by the substantive laws of the State of New York,
without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating
to the operation, use or other exploitation of the Website will be heard and resolved in the courts in Suffolk County, New York. You
consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such
courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Website from
locations other than Suffolk County, New York, you will be responsible for compliance with all local laws of any such other location.
10. Miscellaneous
No delay or omission by SIPHS in exercising any of its rights occurring upon any noncompliance or default
by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver
thereof, and a waiver by SIPHS of any of the covenants, conditions or agreements to be performed by you will not be construed to be
a waiv er of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this
Agreement,"including" means "including but not limited to." The captions of this Agreement have been inserted solely for
convenience of reference, in no way define or limit the scope or substance of any provision of this Agreement, and will not be
considered in interpreting this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to
be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and
enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly
provided herein, this Agreement sets forth the entire agreement between you and SIPHS regarding its subject matter, and supersedes
all prior promises, agreements or representations, whether written or oral, regarding such subject matter.