Terms of Use

Last updated: November 25, 2013

This is a legal agreement between you and Tunnel X, Inc. ("Tunnel X", "we", "us" or "our") governing the Tunnel X service including present and future features offered by Tunnel X and other services which may be offered from time to time by Tunnel X for use with your Tunnel X account (each feature individually and collectively referred to as the "Services")

1. By accessing or using the Services, you acknowledge that you have read, understand, and agree to be bound by the following Terms and Conditions of Use, as they may be modified from time to time (collectively, the "Terms"). If at any time you don't agree to these Terms, immediately discontinue your use of the Services.

2. NOTE TO USERS UNDER 13: Our Services are not for persons under the age of 13. If you are under 13 years old, then please do not use the Services. If you are over 13, but under the age of consent where you live, then you must get the consent of your parents prior to using the Services and, if you do use the Services, you represent to us that you have done so.

3. Privacy. Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for details relating to the collection, use and disclosure of your personal information.

4. Modification of the Terms. Because the Services changes from time to time, Tunnel X reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Please check the Terms periodically for changes. Your continued use of the Services after the posting of changes will constitute your acceptance of such changes. While non-material changes to these Terms are effective immediately, any material changes to these Terms will automatically be effective thirty (30) days after they are initially posted on the Tunnel X website.

5. Accounts & Storage Information.

a. Tunnel X requires users to choose an image to use as an authentication "key" and a PIN for additional security. You are entirely responsible for maintaining the confidentiality of your key and PIN.

b. The amount of storage space for file transfer per member is limited; please visit our FAQ for more information. Some file transfers may not be processed due to space or bandwidth constraints. You agree that Tunnel X is not responsible or liable for the deletion or failure to store messages or other information. There is no explicit limit on storage space for messages, but in extreme cases, where message transmissions are used for a purpose other than personal, hand-typed communication, Tunnel X reserves the right to limit storage space for messages as well as transferred files.

6. General Prohibitions.

a. You agree to comply with all applicable local, state, national and international laws and regulations. You also agree not to use the Services for illegal purposes; not to interfere or disrupt networks connected to or by the Services; and to comply with all the rules, policies and procedures connected to these Services.

b. You will not use the Services to store or transmit data that is illegal to possess (such as child pornography) or illegally acquired (such as unlicensed intellectual property).

c. You will not use Tunnel X to plan, coordinate, or consider illegal activity.

d. You agree not to attempt to gain unauthorized access to the Services, or other users' accounts, computer systems, or networks connected to the Services, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.

7. Non-Export of Services.

a. The Services employ encryption technology that is or may be specifically controlled for export by the United States government. As a result, you may not export or otherwise transfer the Services to or into Cuba, Iraq, North Korea, Sudan or Syria or a resident of those countries or to any person on the Specially Designated Nationals List ("SDN") maintained by the United States Treasury or the Table of Denial Orders or Entity List maintained by the United States Department of Commerce. The SDN can be found at www.treasury.gov/resource-center/sanctions/SDN-List. The Denied Persons List can be found at www.bis.doc.gov/dpl.

b. You also may not, and you agree not to, knowingly export or transfer the Services to anyone outside of the United States without first obtaining a proper license and satisfying all requirements of International Traffic in Arms Regulations and the Export Administration Act. It is your responsibility to comply with foreign laws and regulations on encryption import, export or use.

c. When you use the Services, you are certifying to Tunnel X that you are eligible to receive products exported from the United States, without any restrictions.

8. Account Termination.

a. Tunnel X may terminate your access to the Services and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Tunnel X has no obligation to store or forward the contents of your account.

b. If there is any indication that you are using your account for illegal activity, your account will be terminated immediately and without notice.

c. Activities that are absolutely not tolerated include but are not limited to the purchase or sale of substances that are illegal in many jurisdictions, purchase or sale of stolen goods, making threats to person or property, possession or distribution of child pornography, and fraud.

9. Disclaimers; No Warranties.

a. You expressly agree that the use of the Services is at your sole risk. The Services and any media, content, software, services, or applications made available in conjunction with or through the Services are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind, either express or implied. Tunnel X, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the Services or any third party sites in terms of correctness, accuracy, reliability, or otherwise.

b. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TUNNEL X AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. No advice or information, whether oral or written, obtained by you from Tunnel X or the Services will create any warranty not expressly stated herein. You expressly acknowledge that, as used in the sections titled "Disclaimers; No Warranties" (this Section 9) and "Limitations of Liability, Damages and Claims" (Section 10), the term Tunnel X includes Tunnel X's partners, officers, directors, employees, shareholders, agents, service providers, suppliers, licensors, affiliates and subcontractors.

10. Limitations of Liability, Damages and Claims

a. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL TUNNEL X OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD PARTY PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE, OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICES, THE CONTENT THEREON, OR OTHER INTERACTIONS WITH TUNNEL X ANY THIRD PARTIES, EVEN IF TUNNEL X OR A TUNNEL X AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." If you are not a California resident, you waive any applicable state statutes of a similar effect.

b. In no event shall Tunnel X or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Services (whether in contract, tort (including negligence), warranty, or otherwise) exceed the greater of the amount of (a) one hundred dollars or (b) the amount of fees you have paid Tunnel X in the twelve (12) months prior to the action giving rise to the liability.

c. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these Terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the applicable jurisdictions

11. Indemnification; Hold Harmless. You agree to indemnify and hold harmless Tunnel X and its subsidiaries, affiliates, and any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of the foregoing, from any and all claims, losses, obligations, damages, liabilities, costs, debts and expenses (including attorneys' fees) arising out of: (i) your use or misuse of the Services; (ii) your violation of these Terms; (iii) your violation of the rights of any other person or entity; and (iv) your breach or alleged breach of any representations, warranties, and covenants herein. Tunnel X reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which Tunnel X is a named party without Tunnel X prior written consent. Tunnel X will use reasonable efforts to notify you of any such claim, action, or proceeding upon receiving notice of it.

12. Third Party Sites, Advertisers, and Promotions. The links included within this Web site may allow you leave the Tunnel X site and visit third party sites. These third party sites are not under the control of Tunnel X. Tunnel X is not responsible for the contents of any third party site nor is Tunnel X responsible for the functionality of any third party site. Tunnel X provides links as part of our Services to you strictly as a convenience. A link's inclusion in a Tunnel X site does not endorse the site or their operators. Any promotions sponsored by advertisers to the Services or dealings with the advertisers directly are solely between you and that third party. Tunnel X is not responsible in any part of any such connections or dealing with advertisers or their promotions.

13. Miscellaneous Provisions.

a. Governing Law. You agree that the Services shall be deemed solely based in New York. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

b. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Tunnel X to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

c. Severability. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

d. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tunnel X without restriction.

e. Survival. The Sections entitled, "Disclaimers; No Warranties", "Indemnification; Hold Harmless", "Limitations of Liability, Damages and Claims", and "Miscellaneous Provisions" will survive any termination of these Terms.

f. Headings. The heading references herein are for convenience only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

g. Entire Agreement. This is the entire agreement between you and Tunnel X relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter.