Terms of Service

  1. ACCEPTANCE OF TERMS

    Welcome to Cisco Secure Email Encryption Service (the "Service"). Cisco provides the service to you ("Registrant"), subject to the following Terms of Service ("TOS"), which may be updated by Cisco from time to time without notice to you. You can review the most current version of the TOS at any time at https://res.cisco.com/websafe/termsOfService. In addition, when using the Service, you agree to use the Service in accordance with any posted guidelines or rules applicable to the Service which may be posted from time to time. All such guidelines or rules are available at https://res.cisco.com/websafe/spamPolicy and are hereby incorporated by reference into the TOS.

  2. DESCRIPTION OF SERVICE

    The Service is provided to enable organizations and individuals to send encrypted messages using the Cisco proprietary mechanism called PXE Encryption™ technology. Messages sent using PXE Encryption technology are commonly referred to as "Registered Envelopes" or "Secure Messages".

    Generally, Secure Messages are originated and encrypted by software running on the sender's computer or a gateway computer on the sender's behalf, using a single-use key that is stored on a server running at the Service. That key is provided to the recipient's email client once the recipient authenticates himself to the Service's server. The mail itself never goes through the Service's computers, and the recipient's password is never provided to the sender's computer.

    Service features such as Secure Reply, Secure Reply All, Secure Forward and Secure Compose are originated using a secure browser session that interacts with a Service web server. Response Messages are encrypted on the Service's servers prior to being sent, using the same keyserver encryption and authentication model used in the original message. Responses are not retained on the Service's servers after being sent.

    Fees are charged to organizations with Service accounts based on the messages sent on their behalf. Recipients do not pay for usage, but the system does record details about their interactions with the system. Senders and their parent organizations have access to the information that is recorded regarding the sender's messages.

  3. YOUR REGISTRATION OBLIGATIONS

    In consideration for your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cisco has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cisco has the right to suspend or terminate your registration and refuse any and all current or future use of the Service (or any portion thereof).

    Cisco is concerned about the safety and privacy of all its users, particularly minors. For this reason, minors under the age of 13 may not register for or use the Service.

  4. CISCO PRIVACY POLICY

    Registration Data and certain other information about you may be used in accordance with the Privacy Policy of Cisco Systems, Inc. For more information, see our full privacy policy at http://www.cisco.com/web/siteassets/legal/privacy.html.

  5. REGISTRATION ID, PASSWORD AND SECURITY

    Your registration identity will be your email address ("Registration ID"). At the time of registration, you will establish the password that will be used by the Service to authenticate your access. You may change that password at any time through the user profile administration page which may be reached by logging in to the service at https://res.cisco.com.

    You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password and Registration ID. You agree to (a) immediately notify Cisco of any unauthorized use of your password or Registration ID or any other breach of security, and (b) ensure that you exit the service at the end of each session. Cisco will not be liable for any loss or damage arising from your failure to comply with this Section 5.

  6. REGISTRANT CONDUCT

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") transmitted are the sole responsibility of the person from which such Content originated. This means that you, and not Cisco, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Cisco does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Cisco be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

    You agree to not use the Service to:

    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, an Cisco representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual proprietary rights ("IP Rights") of any party;
    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except as permitted by law (please read our complete SPAM policy at https://res.cisco.com/websafe/spamPolicy).
    8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    12. "stalk" or otherwise harass another person or entity.

    You acknowledge, consent and agree that Cisco may access, preserve, and disclose your registration and usage information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the IP Rights of a third party; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Cisco, its users and the public.

    You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Cisco and/or account holders who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service.

    For each message, the Service records the time the key was stored in the database, the sender's email address, the subject, the email address of the recipient(s), the most recent time each recipient successfully requested the key and various attributes about the message, such as whether the sender was directly authenticated by the Service prior to storing the key.

    Much of this information is made available to senders of messages and account administrators designated by enterprise account owners through administrative interfaces.

    Your messages are not recorded or stored by the Service.

  7. SCHEDULED MAINTENANCE

    The Service is subject to scheduled downtime on Fridays from 8 PM to Saturdays 4 AM Pacific Time.

  8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You acknowledge that your personal information, such as registration data and key data, will be stored on a computer system under the jurisdiction of United States laws and regulations.

  9. INDEMNITY

    You agree to indemnify and hold Cisco, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees thereof, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

  10. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that Cisco may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that encryption keys and usage data will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the rate at which messages are sent through the system, the maximum size of any message that may be sent from the Service, the maximum size, aggregate size, maximum number and persistence of attachments associated with a message that is transmitted through the service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Cisco has no responsibility or liability for the deletion or failure to store any encryption key and other communications or other Content maintained or transmitted by the Service. You agree that Cisco has no responsibility for the delivery of Secure Response messages composed using Service features, including Secure Reply, Secure Compose, and Secure Forward, once they are submitted to the Internet mail system, and may not notify you of transmission failures. You further acknowledge that Cisco reserves the right to modify these general practices and limits from time to time and may apply different policies to different users at its sole discretion.

    You acknowledge that the originator of a message or someone authorized to operate on his behalf may disable access to a message at any time for any reason by disabling the associated key. Cisco is not responsible for such actions, and will not override the action.

    You acknowledge that the originator of a message may review the status of a message at any time, including information about any key requests by the recipient. You further acknowledge that this information may be reviewed from time to time by the holder of the originator's account, including administrators designated by the account holder. You acknowledge that read receipts may be returned to the sender by the service at the sole discretion of the originator of a message.

  11. MODIFICATIONS TO SERVICE

    Cisco reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cisco shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, except as provided for in contracts with account holders.

  12. TERMINATION

    You agree that Cisco may, under certain circumstances and without prior notice, immediately terminate your Service Registration and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated registration deletions), (d) discontinuance or material modification to the Service (or any part thereof), or (e) unexpected technical or security issues or problems. Termination of your Service Registration may include (a) removal of access to encryption keys stored within the Service, (b) deletion of your password and all related information, and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made at Cisco's sole discretion and that Cisco shall not be liable to you or any third-party for any termination of your registration or access to the Service.

  13. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Cisco has no control over such sites and resources, you acknowledge and agree that Cisco is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Cisco 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 site or resource.

  14. CISCO'S PROPRIETARY RIGHTS

    You acknowledge and agree that the Service and any necessary software used on your computer to open Secure Messages ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Cisco, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    Cisco grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service or Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by Cisco or its licensees for use in accessing the Service.

  15. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CISCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    CISCO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CISCO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  16. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT CISCO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  17. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

  18. NO THIRD PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

  19. NOTICE

    Cisco may provide you with notices, including notices regarding changes to the TOS, by email, postal mail, or postings on the Service.

  20. TRADEMARK INFORMATION

    The Service trademarks and service marks and other Cisco logos and product and service names are trademarks of Cisco (the "Cisco Marks"). Without Cisco's prior permission, you agree not to display or use in any manner, the Cisco Marks. Other trademarks and service marks are the property of their respective owners, and are used by permission of those owners.

  21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    Cisco respects the intellectual property of others, and we ask our users to do the same. Cisco may, in appropriate circumstances and at its discretion, disable and/or terminate the registration of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, and that the Service was involved in the alleged infringement, please provide Cisco with the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of how the Service was involved in the alleged infringement;
    4. your address, telephone number and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark or service mark owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    Cisco's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

    By mail:
    Cisco Secure Email Encryption Service Support
    Cisco Systems, Inc.
    170 West Tasman Dr.
    San Jose, CA 95134
    USA

    By email: support@res.cisco.com

  22. GENERAL INFORMATION

    Entire Agreement. The TOS constitute the entire agreement between you and Cisco and govern your use of the Service, superseding any prior agreements between you and Cisco. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Cisco services, affiliate services or third-party software.

    Choice of Law and Forum. The TOS and the relationship between you and Cisco shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Cisco agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

    Waiver and Severability of Terms. The failure of Cisco to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your Cisco registration is non-transferable and any rights to your registration and associated information terminate upon your death. Upon receipt of a copy of a death certificate, your registration may be terminated and all contents therein permanently deleted.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

  23. VIOLATIONS

    Please report any violations of the TOS to Service Support:

    By mail:
    Cisco Secure Email Encryption Service Support
    Cisco Systems, Inc.
    170 West Tasman Dr.
    San Jose, CA 95134
    USA

    By email: support@res.cisco.com

Last Updated July 2019