Your "user name" is your full email address.

Your connection, both for your login and for all email, is encrypted by industry-standard SSL (also known as TLS), the same protection used for online banking. If you type the webpage address manually, make sure the address starts with "https" rather than "http", since some pages will work either way.

You can change your password and make more advanced changes at https://www.PrivateAmericans.net/AdvancedOptions.php. This page will take you to a page like mailboxes.<your domain name>, for example, mailboxes.PrivateAmericans.net or mailboxes.GeorgeAndMarthaWashington.us. This page may give you an error about the security certificate, but it is safe to proceed. All your information is protected, but the website name does not match what the certificate expects.

You can access your email with any web browser from any computer by going to https://www.PrivateAmericans.net/WebMail.

You have no space limit to your account, but your Inbox can only hold a maximum of 2000 messages. This number can be set smaller from the advanced settings webpage, but it is currently set to the maximum, which is 2000 messages. When you accumulate more than 2000 messages in the Inbox, the older read messages will be automatically deleted. If you want to keep email longer, please move them from the Inbox to another folder.

To help prevent spam, you can send to a maximum of 100 addresses an hour. This can be one message with 100 addresses, 100 messages with a single address each, or any combination. If you exceed this, you will get a "Quota Exceeded" response. If you need to send more than this, you will need to spread them out.

Attachments can be up to 10MB in size if sent by webmail, or 40MB if you use a program on your computer (or the limit of the program, if lower). Try to keep attachments small, since large attachments may cause problems for the recipient.

Tips:
Consider using a different address for online purchases, since the seller may sell your information.

If you want to use your Private Americans email for online purchases or mailing lists, consider using a modified address.
You can add "+" and a description to the end of your username, and email to that address will also go to you - but you can easily filter it out.
For example, consider that you have the address GeorgeWashington@PrivateAmericans.net. When you go to "UnreliableSales.com", you give them the email address "GeorgeWashington+UnreliableSales@PrivateAmericans.net". If you get email from SpamSender@Yahoo.com and the email says it was sent to GeorgeWashington+UnreliableSales@PrivateAmericans.net, you know that they sold your information, and you can use a filter to automatically delete all emails sent to GeorgeWashington+UnreliableSales@PrivateAmericans.net without affecting anything else.

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If you prefer to use a program to check your email with a program, rather than webmail:

All server addresses are "mail.PrivateAmericans.net".

- Incoming server: You will need to choose a protocol, either POP or IMAP - see more information below. Select to Require SSL, change the Port to 993 for IMAP or 995 for POP, select to authenticate using Clear Text - your username and password are both encrypted by SSL. If you select POP, see below for one more change you will want.

- Outgoing (SMTP) server: Select to Require SSL, Select to Require authentication, and change the Port to 465. Some programs will ask how to authenticate; if asked, tell it to use the same settings as the incoming mail server.

IMAP (also known as IMAP4): This will sync your computer with the server. Any folders you create are created on the server and copied to your computer. All email stays on the server until you delete it from the computer.

POP (also known as POP3): Use this method if your program does not know how to use IMAP.
This will copy everything to your computer from the Inbox on the server.
The server only knows if the email has been deleted, and does not know about your folders. If you create folders on your computer, these folders are only on your computer. Depending on your program, email that you move to a folder may be deleted from the server, or it may stay in the Inbox on the server.
You can remove messages from the server by moving them to an archive or storage folder; they will no longer be seen by other computers or webmail, but they will also no longer count against the 2000 message limit for the Inbox.
Your email is usually removed from the server when your computer gets it, but can be set to leave it.

Important - If you select POP:
In the advanced settings (the exact location varies depending on your program), select to leave a copy of messages on the server and to remove them from the server when deleted from your computer. This will keep a copy on the server so that the same emails can be read by, for example, both a home computer and a smartphone, and they will still be in your webmail.

As a precondition and requirement to use the services available via PrivateAmericans.com or PrivateAmericans.net ("Private Americans"), you, for yourself and for the other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Private Americans. Each Subscriber is subject to these Terms, and by using Private Americans's services, Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including all usage policies and other policies herein.

Subscriber represents and warrants that Subscriber is at least 18 years old and otherwise legally competent in all respects to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Private Americans. Further, Subscriber represents and warrants all information provided by Subscriber to Private Americans has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Private Americans in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Subscribers of paid services offered through Private Americans must be at least eighteen (18) years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.

Private Americans intends to provide the best possible email service to each of its Subscribers. Private Americans is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Private Americans reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

Subscribers may view the most current version of these Terms at www.PrivateAmericans.com/Terms.html. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the PrivateAmericans.com website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account.

If Private Americans makes a significant change to these Terms, as determined in its sole discretion, Private Americans will post a notice that we have made significant changes to the Terms on the PrivateAmericans.com website for at least thirty (30) days after the changes are posted and will indicate at the bottom of these Terms the date these Terms were last revised.

Under this Agreement, Subscriber shall comply with Private Americans' then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Private Americans, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. Subscriber hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. Private Americans does not intend to monitor the content that is submitted to, stored on or distributed or disseminated by Subscriber via the Service (the "User Content"). Accordingly, under this Agreement, Subscriber will be responsible for Subscriber's content and activities in Subscriber's account. Notwithstanding anything to the contrary contained in this Agreement, Private Americans may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Subscriber of the AUP. In the event Private Americans takes corrective action due to a violation of the AUP, Private Americans shall not refund to Subscriber any fees paid in advance of such corrective action. Subscriber hereby agrees that Private Americans shall have no liability to Subscriber or any of Subscriber's users due to any corrective action that Private Americans may take (including, without limitation, suspension, termination or disconnection of Services).

Mailing list subscribers must specifically opt-into the list to which they are subscribed. This applies to both new subscriptions and the bulk addition of addresses already subscribed via other means. Confirmation is handled using a single confirmation message sent to the subscriber’s email address. This mailing must contain a URL to the sender's privacy policy, a brief description of the mailing list, and a URL that the user must follow to confirm the subscription.

Mailing list subscriber information must include the date and time that the subscription was confirmed, as well as the IP address of the subscriber at the time of the confirmation. If confirmation is provided by email, the email header contains the necessary information. The user must be able to present this information at Private Americans’ request.

The nature of email address use must be fully disclosed, either on the page the subscription is made from or with a prominent link to the site’s Privacy Policy. It must be made reasonably clear how a user’s email address will be used and in what circumstances it will be shared.

Lists cannot be procured from outside parties unless the email sender has procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:

The selling organization maintains a publicly viewable privacy policy disclosing that such sales may occur.
The privacy policy is prominently linked to from the page the subscriber signed up from.
The privacy policy has not changed substantially since the user signed up.
Records are kept of the date, time, IP address, and form location where the subscribing user signed up from.
Lists procured from outside parties must have been consistently handled in a manner comparable to Private Americans' policies.
Users cannot populate lists with addresses obtained for a substantially different purpose than was originally disclosed to the user.
All subscriptions must be re-confirmed in the manner described above before being sent bulk email messages.

Mailing Practices:
Users must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message.
Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.
Users are responsible for the practices of any affiliate program members they solicit the help of, as if they were hiring an outside advertising agency.
Users using either outside advertising companies or 3rd party mailing programs must abide by the same policies and practices as those detailed herein.
All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request.

Term of Service. The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth below.

Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Private Americans may use Merchant Updater Services to receive updated billing information from participating providers.

Promotional Pricing. Private Americans may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Private Americans will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.

Automatic Renewal of Account. As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's Account, Private Americans will automatically renew Subscriber's Account by charging the applicable fee for the non-promotional rate to Subscriber's current method of payment on file. The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Subscriber, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer at least thirty (30) days prior to the commencement of such successive period or renewal period. In the case of insufficient funds we will attempt to collect at a partial term quantity (not changing your current term) to continue service as per contract. Additionally after the Initial Term, you acknowledge, agree and authorize us to automatically bill and/or charge on your credit card for successive or renewal periods, unless terminated or cancelled by either party as provided in this section. Private Americans shall provide notice of the upcoming charge to Subscriber no later than thirty (30) days prior to the payment date. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". Subscriber acknowledges and confirms that if the Subscriber pays for a plan which includes a domain name that the Subscriber will be provided with the necessary verification to transfer the domain name to a registrar of the Subscriber's choice.

Notification of Automatic Renewals. Subscriber will be notified of pricing for each successive period (or renewal period) no later than thirty (30) days prior to the payment date of such successive period (or renewal period) for all products and services with a successive or renewal period of twelve (12) months or greater. This notification will be sent to the contact email address on file for the Account.

Cancellation of Automatic Renewal of Account or Domain. Subscriber agrees to notify Private Americans of Subscriber's intent to cancel automatic renewal at least sixteen (16) business days prior to the account expiration date, by directing Automatic Account Renewal Cancellation Notification to Private Americans, as applicable, by sending same via email to sales@PrivateAmericans.com. This request must include verification of ownership of the account, as determined by Private Americans.

Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the cancellation procedures, the Subscriber will be responsible for a $25.00 billing service fee. Accounts that have an open dispute may be disabled for security purposes.

Refunds. Private Americans provides a 30-day money back guarantee for new account registrations, subject to the following terms and conditions:

Nonrefundable Fees. Fees paid by Subscriber in connection with the purchase of non-email services such as domain name registrations are nonrefundable under these Terms, as are Check Refunds of $10.00 or less due to processing fees.

Cancellation. Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth above and any setup fees, which are nonrefundable after thirty (30) calendar days, receive a pro-rated refund for all other fees paid for Services.

Notice of Cancellation. Subscriber agrees to direct all cancellation requests to Private Americans via email, sales@PrivateAmericans.com, or such other methods as may be provided from time to time. The cancellation request must include verification of ownership of the account, as determined by Private Americans.

Private Americans claims no ownership interest in the content of Subscriber's account(s). By submitting content and data to Private Americans, Subscriber grants to Private Americans, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's account to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Private Americans's servers during the Term. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by recipients for their personal use. This license shall terminate upon Subscriber's cancellation of the Services as set forth in the User Agreement.

Private Americans as Reseller or Licensor. Private Americans is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Private Americans Product"). Private Americans shall not be responsible for any changes in the Services that cause the Non-Private Americans Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Private Americans Product either sold, licensed or provided by Private Americans to User or purchased directly by User used in connection with the Services will not be deemed a breach of Private Americans's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Private Americans Product are limited to those rights extended to User by the manufacturer of such Non-Private Americans Product. User is entitled to use any Non-Private Americans Product supplied by Private Americans only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Private Americans to User through any Non-Private Americans Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Private Americans Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

Private Americans will not give, sell, barter, trade, or otherwise provide any Subscriber personal or contact information to any third-party organization for any reason, except as required by law as described in the section titled Monitoring and Disclosures, and as expressly and specifically permitted by the individual Subscriber. Private Americans will not index, search, monetize, or otherwise analyze the content of any Subscriber account or communications beyond necessary internal uses such as those concerning the performance of and ability to provide and improve the subscribed services.

YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. PRIVATE AMERICANS HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY PRIVATE AMERICANS OR PRIVATE AMERICANS'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. PRIVATE AMERICANS DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. PRIVATE AMERICANS DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. PRIVATE AMERICANS DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR PRIVATE AMERICANS IN PARTICULAR.

LIMITATION OF LIABILITY.

PRIVATE AMERICANS SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL PRIVATE AMERICANS BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT PRIVATE AMERICANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. PRIVATE AMERICANS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. PRIVATE AMERICANS'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL PRIVATE AMERICANS'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO PRIVATE AMERICANS FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, PRIVATE AMERICANS'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION.

You, the Subscriber, agree to defend, indemnify and hold Private Americans, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Private Americans's own gross negligence or willful misconduct. Private Americans reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.

Backups. For its own operational efficiencies and purposes, Private Americans from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON PRIVATE AMERICANS SERVERS, AND under no circumstance will Private Americans be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Private Americans server.

Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any account hosted by Private Americans may be monitored, recorded, and examined by any authorized person for purposes of facilitating the service. In general, Private Americans does not monitor its Subscribers' activities to determine whether they are in compliance with these Terms. However, when and if Private Americans becomes aware of any violation of these Terms, Private Americans may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down an account, denying access to the Services, and/or removing non-complying information. In addition, Private Americans may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Private Americans reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Private Americans may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, warrant or other legal mandate to protect Private Americans or others from harm, and/or to ensure the proper operation of the Services. Private Americans has no obligation to notify any person, including the Subscriber about whom information is sought, that Private Americans has provided the information.

Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber's contact information stored and saved on Private Americans in order to avoid termination of Subscriber's Private Americans account(s).

Duty to Notify Private Americans of Breach. If Subscriber discovers anyone on the Private Americans system violating any of these Terms or notices anything suspicious from the Private Americans network, Subscriber agrees to report the violation or suspicious activity to sales@PrivateAmericans.com for investigation. Private Americans reserves the right to and will immediately terminate any account which Private Americans concludes to be in violation of any of these Terms.

Reservation of Rights. Private Americans reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's term with Private Americans.

Severability. These Terms are binding upon Private Americans, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.

Governing Law. These Terms shall be governed by the laws of the Commonwealth of Virginia without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Private Americans, Subscriber agrees that all disputes, if any, involving Private Americans shall be subject exclusively to the jurisdiction of the State and Federal Courts within the Commonwealth of Virginia; provided, further, that all action brought against Private Americans in State Court must be brought in Bristol, Virginia and, if in Federal Court, in Washington County, Virginia. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Private Americans. Subscriber hereby waives any and all objections that it has or might have, known or unknown, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Private Americans outside the Commonwealth of Virginia; and, that Subscriber, if involved before a court in a lawsuit outside of the Commonwealth of Virginia, shall be deemed to support and to stipulate to a motion made by Private Americans to dismiss said lawsuit with respect to Private Americans.

The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.

Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of Private Americans.

The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.

Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of Private Americans.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO PRIVATE AMERICANS SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR PRIVATE AMERICANS ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.

General Information. As used herein, the term "Subscriber" or "Subscribers" shall include any and all users, customers, subscribers, affiliates (including without limitation any third party the services or products of which are offered by or obtained through or in connection with Private Americans), resellers or others (i) who sign up for, use or obtain services or products from Private Americans or from any third party services or products of which are offered by or obtained through or in connection with Private Americans, or (ii) who visit the Web site of Private Americans or of any such third party. Private Americans has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each Subscriber's respective service agreement and is intended as a guide to the Subscriber's rights and obligations when utilizing Private Americans's services. This AUP will be revised from time to time. A Subscriber's use of Private Americans's services after changes to the AUP are posted on Private Americans's Web site, under the Terms of Service section, will constitute the Subscriber's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Subscribers or others obtain information through the Internet, they must keep in mind that Private Americans cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Private Americans cannot monitor or censor the Internet, and will not attempt to do so, Private Americans cannot and does not accept any responsibility for injury to its Subscribers or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Subscribers or others disseminate information through the Internet, they also must keep in mind that Private Americans does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Subscribers or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Private Americans's network and may reach a large number of people, including both Subscribers and subscribers and non-subscribers of Private Americans, Subscribers' postings to the Internet may affect others and may harm Private Americans's goodwill, business reputation, and operations. For these reasons, Subscribers violate Private Americans policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.

Scope. This AUP governs the usage of products and services of Private Americans or of any third party which are subscribed to or obtained through Private Americans (the "Services"). This AUP is incorporated by reference into each contract Private Americans or any such third party enters into with a Subscriber for the use of such Services. Private Americans may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of Private Americans so that no person who utilizes the Web site or services of Private Americans (regardless of whether that person is a Subscriber) may take any action utilizing the Web site of Private Americans that a Subscriber would be prohibited to take utilizing the Services.

Purpose. The purpose of this AUP is to enhance the quality of the Services and to protect Subscribers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each Subscriber. Each Subscriber should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.

Site Security and Updates. Private Americans uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's account(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password, and account name(s). Subscriber agrees to immediately notify Private Americans of any unauthorized uses of the Service or any other breaches of security. Private Americans will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with any of the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services, or due to any updates performed by Private Americans pursuant to the terms of this section.

Prohibited Uses. The uses of Private Americans Services set forth in this section herein below are prohibited. The engaging in any prohibited use as set forth herein by Subscriber constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice and without any refund.

Spamming. Spamming, whether or not it overloads the Services or disrupts service to Private Americans's Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, or sending to any mailing list that is not double opt in.

Prohibited Offerings. No Subscriber may utilize the Services to provide, sell, offer to sell illegal goods or services, or instructions on making or obtaining illegal goods or services. The use of the Services to engage in any activity that is determined by Private Americans, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, posting, transmitting or otherwise making available ponzi or pyramid schemes; creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks; "Hacking" and related activities; storing, posting, displaying, transmitting, advertising or otherwise making available child pornography; use of defamatory, harassing, abusive or threatening language;

Private Americans will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services, upon presentation of warrants in compliance with the requirements in The Constitution of the United States, Amendment IV.

Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

BACKUP STORAGE. PRIVATE AMERICANS OFFERS ITS SERVICES TO FACILITATE COMMUNICATION, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF SERVICES WITHOUT PRIOR NOTICE.

Other Activities. Engaging in any activity that, in Private Americans's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Private Americans's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Private Americans's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Private Americans in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.

HIPAA Disclaimer. We are not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Private Americans does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Private Americans is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact our Technical Support team.

Private Americans maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").

It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm

You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
Use or contain invalid or forged headers
Use or contain invalid or non-existent domain names
Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
Use other means of deceptive addressing
Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
Contain false or misleading information in the subject line or otherwise contain false or misleading content
Fail to comply with additional technical standards described below
Otherwise violate Private Americans's User Agreement, AUP and other Terms of Service

Private Americans does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. Private Americans does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Subscribers or users, including but not limited to Subscriber e-mail addresses, which are Private Americans's confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.

Private Americans does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any Private Americans product or service.

We monitor for SPAM all traffic to and from our servers. Customers suspected of using Private Americans's products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Private Americans's policy to immediately suspend, terminate and/or cancel any offending account sending SPAM.

Subscribers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Private Americans may consider the lack of such proof to be evidence of a questionable mailing.

It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use Private Americans systems, networks or resources. E-mail not in compliance with this policy - regardless of source - which contains any reference to an account hosted by us or contains any reference or link to a network or system of Private Americans is prohibited.

If Private Americans believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Private Americans may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Private Americans reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a Subscriber without any notification. In addition to any and all other rights hereunder or otherwise, if a Subscriber is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Private Americans's sole judgment, which could disrupt Private Americans's business operations, Private Americans reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.

To report an incidence of SPAM, please send an e-mail to sales@PrivateAmericans.com.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of Private Americans's rights.

Unauthorized use of Private Americans's network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws.

PRIVACY STATEMENT

Commitment. The Private Americans commitment to our Subscribers' privacy is set forth in this section. Except as required by law or as otherwise provided herein, Private Americans will take commercially reasonable steps to ensure your right to privacy. Private Americans is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.

Encryption. When a Subscriber orders from Private Americans, all of the Subscriber's personal information is protected. When a Subscriber access a webmail account, login credentials and all email contents are protected. When a subscriber accesses a POP3 or IMAP account configured as specified, all email contents are protected. Private Americans uses Secure Sockets Layer (SSL), the industry standard, for encrypting all information.

Confidentiality. Private Americans will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:

Private Americans will respond to court-issued warrants, provided such are in compliance with the requirements in The Constitution of the United States, Amendment IV. Private Americans will utilize Subscriber information only in summary and only as necessary to establish or exercise Private Americans's legal rights or defend against legal claims.

Private Americans will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, as otherwise required by law, upon presentation of warrants in compliance with the requirements in The Constitution of the United States, Amendment IV.

When we are threatened with suit by a third party, or any other legal action brought to our attention involving us based on the anonymity of the account, we may seek assurance from you the customer concerning your promise to indemnify us and written notice that you have contacted the plaintiff or representative for the complainant and made your contact information available to them. However, we wil only provide such information directly upon presentation of a warrant in compliance with the requirements in The Constitution of the United States, Amendment IV.

COOKIE POLICY STATEMENT

General Purposes. Private Americans understands that many of its Subscribers are concerned about "cookies", which are electronic collections of information stored on the local computer of a person using the worldwide web and which are used chiefly by websites to keep track of visitors and registered users and to relate one computer transaction to a later one. Private Americans provides this Cookie Policy Statement to let you, the Subscriber, know how Private Americans uses this technology. Private Americans uses cookies to help Private Americans improve its website and email services, and, most importantly, to provide Private Americans's existing Subscribers with the opportunity for increased convenience.

Cookies for Improving Our Web Site. Private Americans uses cookies to inform Private Americans of a repeat visit. The cookie does not tell Private Americans who a visitor is, the visitor's name, email address, or Passwords.

Cookies for Subscriber Account Management. For Private Americans Subscribers, Private Americans uses cookies to store user names for added convenience to the Subscriber. By storing a Subscriber's username in a cookie, the Subscriber will not have to enter the username on a login form each time he or she access the account. (The cookie does not store Passwords.) Private Americans is dedicated to using the newest technologies in order to simplify our Subscribers' experience.

CIVIL SUBPOENA POLICY

Private Americans's Privacy Policy prohibits the release of Subscriber or account information except in limited circumstances, including with express permission from the Subscriber, and when required by law to comply with legal process properly served on Private Americans.

If you seek the identity or account information of a Private Americans Subscriber in connection with a civil legal matter, you must mail or serve Private Americans with a valid subpoena.

SUBMISSION OF SUBPOENAS

Private Americans is located in Bristol, Virginia and all subpoenas or warrants should be served at that location or mailed to:

Private Americans
ATTN: Legal Department
101 Ashley Dr
Bristol VA 24201

Upon the receipt of a validly issued civil subpoena, Private Americans will promptly notify the User whose information is sought via telephopne, e-mail, or U.S. mail. If the circumstances do not amount to an emergency, Private Americans will not immediately produce the User's information sought by the subpoena and will provide the User an opportunity to move to quash the subpoena in court.

FEES FOR SUBPOENA COMPLIANCE

Private Americans will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Private Americans invoice. Checks should be made out to “Private Americans”.

Private Americans's subpoena compliance costs are as follows:

Research - $75.00/hour
Federal Express - Cost as Billed
Copies - $.50/page
Compact Discs - $10.00/per CD
Any applicable taxes will be charged in addition to the above fees.

POLICIES REGARDING E-MAIL

Private Americans will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Private Americans's e-mail servers do not retain deleted or sent e-mail.

Private Americans reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Private Americans e-mail address is related to the pending litigation and the underlying subpoena.