The services provided by Lavabit LLC (hereafter referred to as Lavabit) are subject to the following Terms of Use. Lavabit reserves the right to update these Terms of Use at its discretion and without notice or consideration. The most current version of the Terms of Use can always be viewed using the Terms of Use hypertext link at the bottom of all web pages. Agreement to these terms is a prerequisite for the use of any Lavabit service.
Through its network of servers and software, Lavabit provides a variety of Internet-based services. These services include, but are not limited too, e-mail service. Your use of these services signifies that you agree that all Lavabit services are provided AS IS and AS AVAILABLE and that Lavabit makes efforts to maintain its services but ultimately claims no legal liability for the availability, timeliness, security or reliability of its services. This waiver of liability covers accounts provided for free and accounts provided in exchange for money, unless a separate written service agreement is signed between the parties.
Lavabit will not release any information related to an individual user unless legally compelled to do so. See the Lavabit Privacy Policy (link:Privacy Policy) for exactly what information is collected and how that information is used.
Lavabit provides its services in good faith. As part of these Terms of Use you agree not to use our services for illegal, illicit or immoral purposes. If evidence is presented that an account is in violation of the Lavabit Abuse Policy, we reserve the right to terminate that account without recourse or refund to the user.
Because of the Children’s Online Privacy Protection Act of 1998, Lavabit’s services are only available to individuals at least 13 years of age or older. If you’re accessing Lavabit’s services from a country or region that has a higher age limit, the limit in that country or region will apply to you. Though Lavabit has no means of verifying age during registration, we reserve the right to immediately terminate any account we believe belongs to someone under the age of 13.
You acknowledge that Lavabit owns all intellectual property related to its website and the software used to provide its services. Accordingly you agree not to copy, reproduce, modify, alter or create derivative works based on the intellectual property of Lavabit.
Lavabit accepts no responsibility for the third-party content that is otherwise stored, transmitted or provided to Lavabit through the use of its services. Content is the sole and exclusive responsibility of the user who provided the content to Lavabit. Furthermore, Lavabit reserves the right to use technical means to block harmful content or content that Lavabit deems would cause harm. Lavabit also reserves the right to block or remove content in situations where Lavabit has reason to believe the user doesn’t own the necessary intellectual property rights.
You are responsible for maintaining the secrecy of your account password. As such, you are responsible for any use of your account whether or not it was authorized by you. Furthermore, you understand that an account password represents the sole means Lavabit personnel have for verifying the ownership of an account.
You acknowledge that Lavabit can’t guarantee that all data downloaded through its services are free from viruses, trojan horses or other “malware.” You acknowledge that the software used to protect users from such malware may be employed at your option, but that it only represents best efforts and does not guarantee all data downloaded through the use of Lavabit’s services will not be harmful to your computer.
Lavabit reserves the right to lock or delete any accounts that have been inactive for 180 days. Only activities that require the user to provide their password to Lavabit will reset the inactivity period.
You agree that for some accounts, Lavabit may present its users with advertisements. You understand that these advertisements are presented randomly and without regard to the content of your messages. You understand that no personally identifiable information is provided to advertisers and that no personally identifiable information is collected about what advertisements you receive.
As a result of your agreement to these Terms of Use, you agree to hold harmless and indemnify Lavabit, its subsidiaries, affiliates, officers, agents, employees, partners and customers from any claim coming as a result of your use of any Lavabit service.
Should a need for legal action arise, Lavabit reserves the right to have said action occur within the jurisdiction of Dallas, Texas.
You understand that if any portion of this agreement is ruled invalid or unenforceable, that provision will be considered severed and any remaining provisions will continue in force. Furthermore, at Lavabit’s discretion, the severed provision may be enforced in a manner consistent with applicable law as nearly as possible to reflect the original intentions.
Last Modified: January 20th, 2017 (revisions pending)
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