This Terms of Service (and Privacy Policy) was last updated on: September 8th, 2010.
The Next Scheduled Update to this Terms of Service is planned for: TBD
Introduction.
MongoNet, Inc ("MongoNet") is a Delaware corporation having a place of business at 990 Columbus Avenue, San Francisco, CA 94133. "You", "your" user, customer and/or sponsor refers to the individual or entity that has ordered, used or received services from MongoNet. "Service" refers to the MongoFAX and/or MongoSCAN services as further described below. This Terms of Service ("Agreement") sets forth the applicable terms and conditions relating to the Service.
BY USING MONGONET'S SERVICES, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE MONGONET'S SERVICES OR ACCESS THIS WEBSITE. All users and customers of MongoSCAN and/or MongoFAX services are subject to and accept these continually evolving Agreement with each use of the Service, including the Common Terms of Service (as defined below). All users and customers are responsible for periodically reviewing these Terms of Service for updates and changes made by MongoNet. MongoNet reserves the right to make these updates and changes by posting them on this website without prior notice.
1. SERVICES PROVIDED BY MONGONET
MongoNet provides two distinct paper scanning services that enable users to scan paper based documents from ordinary fax machines to any email addresses(es) the user designates. These two distinct services are called MongoSCAN and MongoFAX and are further described below.
A. MONGOSCAN TERMS OF SERVICE
1. General Description. MongoSCAN is a pay-per-use version of MongoNet's scanning services whereby users are able to scan paper from any fax machine to any email address on a pay-per-use basis. MongoSCAN utilizes a web-form for Cover Page creation, enabling users to create and print cover pages via the MongoSCAN website (as opposed utilizing a PDF Form for cover page creation, as in the case with MongoFAX). MongoSCAN users accept these terms of service set forth in this Section 1A of the Agreement along with the Common Terms of Service set forth in Article 2 of the Agreement with each use of the MongoSCAN Service.
2. Beta Release. MongoSCAN is currently in beta. This beta version is the MongoSCAN system is the first version being released to the outside public for the purpose of evaluation and real-world testing, and accordingly may be subject to errors. Beta level software generally includes all features, but may also include known issues and bugs, including browser or email client compatibility and the like. It is MongoNet's goal to fix any bugs reported by users during this beta period or anytime after this beta period. If you would like to report any issues with the MongoSCAN or make any suggestions, please send an email to CustomerSupport@MongoNet.net. You understand and accept that MongoNet and its successors shall be free to use any feedback that your provide and any resulting improvements without restriction. MongoNet appreciates your feedback during and after this beta release.
3. Pricing and Fees.
(a) MongoNet Fees. The most current pay-per-use pricing is posted on the www.MongoSCAN.com website. Creating and printing Cover Pages from the MongoSCAN website is free. Your credit card, however, is verified by MongoNet's systems upon your first Cover Page creation generation print job to ensure a valid credit card. Users are only charged when (and if) they fax document pages into the MongoNet system, based on the number of pages that MongoNet has determined have been faxed by you through the MongoNet system, on a pay-per-use basis. The total per-transmission-charge is calculated and occurs immediately following MongoNet's systems receiving the final page count associated with a given transmission, at which time MongoNet's systems charge the user's credit card associated with the transmission. Upon receiving a successful charge authorization by the underlying credit card company, MongoNet's systems send the scanned document via MongoNet's mail servers to the email addresses provided by the user during Cover Page creation. If the card is declined, the scanned documents are deleted by MongoNet's systems and an email is sent to the From Sender email address provided by the Users describing the credit card failure. If the underlying credit card authorization system were to be temporarily unavailable, MongoSCAN would complete your MongoSCAN transmission with a pending charge indicated on your receipt. In this case, your credit card would later be charged as soon as the underlying credit card systems are restored.
(b) Toll Charges in Addition to Your Pay-per-Use Pricing. You understand that you are sending a traditional fax transmission to a local 415 number based in San Francisco, California, within the United States of America. Accordingly, you will be paying the local, long distance, or international toll charge to get the documents into MongoNet's systems. In addition and separate of your phone company's toll charges to send your documents into the MongoSCAN system, YOU UNDERSTAND THAT YOU ARE PAYING MONGONET ABOVE AND BEYOND AND SEPARATE FROM THESE TOLL CHARGES, on a pay-per-use basis charged to your credit card. You understand and agree that you are obligated to pay MongoNet to process your transmission and convert and route the documents to the email addresses you specified during Cover Page creation.
(c) Fees. You agree to pay all fees charged by MongoNet for the Service. In addition, you are responsible for all sales, use, value added or other taxes, tariffs or other governmental charges relating to the Service, not including MongoNet's U.S. income taxes. You acknowledge that you are responsible for charges for errant transmissions, including without limitation user errors resulting from improper use other third party use of the service. MongoNet reserves the right to increase or decrease the fees or change the fee structure at any time. Continued use of the Service or non-termination of your account after such notice constitutes your acceptance of the new fees or fee structure.
4. Credit Cards.
(a) Credit Card Transactions. Currently MongoNet accepts Visa, Mastercard, American Express and Discover Card. Users supply their credit card information via MongoNet's credit card web page. When users submit confidential information via MongoSCAN's credit card web form(s) they are transmitting data during a "secure session" using Secure Socket Layer (SSL). While this is commonly deemed a secure method transaction over the Internet, no promise can be made that the information transmitted by you will be completely secure from third parties. Upon receipt by MongoNet your credit card information is then stored encrypted within MongoNet's systems. Every MongoSCAN Cover Page creation and generation requires the user to supply their credit card's CVV2/CID security code. CVV2/CID security codes are not stored on MongoNet's systems and as such, must be presented with every Cover Page creation for authentication.
(b) Remember My Credit Card. The user can select the option to Remember My Credit Card. This feature enables the user to create and print MongoSCAN Cover Pages faster by saving the user's credit card and billing information on MongoNet's systems. When using this feature, MongoNet uses encryption to store a user's credit card number and sets a cookie on your computer, so that MongoNet can recognize you when you return to the Service. Accordingly, this feature requires using the same computer for future MongoSCAN Cover Page creations in conjunction with using the same "From" email address and in addition requires the user to supply their CVV2/CID credit card security code with each future MongoSCAN Cover Page print job. MongoNet's systems reference this billing and credit card information via the cookie on your computer (in conjunction with the user using the same From Sender Email Address and in addition the user supplying the correct CVV2/CID credit card security code with every future Cover Page creation). This feature should not be used on public or shared computers.
(c) Credit Card Storage Length. In the event that a Cover Page is created and the user does not select the Remember My Credit Card Feature a reservation number is generated against the Cover Page. Although the Cover Page expires within 28 days, the user's encrypted credit card information remains in MongoNet's systems for three (3) months, at which time the encrypted credit cards are deleted from the MongoNet servers. In the event the Cover Page is used within such 28 day period, the encrypted credit card information is then stored in MongoNet's billing system until the expiration of the credit card. In the event you select the Remember my Credit Card Feature your credit card will be stored in MongoNet's Systems until the expiration of the credit card. At any time you can select the change my credit card feature to delete or update your credit card information on the MongoNet servers.
(d) Credit Card Invoice and Disputes. Currently your credit card invoice will display MongoSCAN plus and Internal Transaction ID to help you to reference a given credit card charge in the event of any questions or disputes regarding your credit card invoice. Customers agree and accept to resolve any credit card charge disputes within 90 days of the transmission date. Transmission disputes made after this date cannot be reversed by MongoNet's customer service department. MongoNet is able to reverse any charges in the event of fraud, system errors, or for any other reasons MongoNet deems necessary via its internal customer service policies within 90 days of the transmission date. You understand and accept that MongoNet is not responsible for reversing charges due to spam filters, user errors, incorrect email addresses, document feeding errors, or for any other reasons outside of MongoNet's control, subject to MongoNet's most current internal customer service policies. You accept the charges associated with each MongoSCAN transmission and hold MongoNet harmless for problems, errors, or lost transmissions associated with the receiving party's email servers, system administrators, spam filters, email clients, or any other client side configurations or systems.
5. Cover Page Information Data.
Upon each web-based MongoSCAN Cover Page creation, the user delivers all Cover Page information data entered on the Cover Page web form to MongoNet's systems. In the event the Cover Page is never faxed through the system, MongoNet's systems store your Cover Page information data for three (3) months, at which time your Cover Page information data is deleted. In the event you do use the Cover Page, your transaction event is stored in our billing engine. The information retained by MongoNet does not include your subject line or attachment name. All contents in the notes box and contents of your fax are instantly converted and routed with every transmission and then are deleted from the MongoNet system. MongoNet's billing engine data includes the To, Cc and From email addresses of your transmission(s). The Billing Engine Data also includes tracking number, reservation numbers, credit card charge locator numbers, sending fax machine numbers, MongoSCAN access number, page count, total charges, credit card number and information, date and time stamps, and other related transmission ballistics
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(a) Reservation Number. The reservation numbers and the Cover Page's corresponding expiration date is rendered and printed in human readable font just below the large (PD417) barcode found on the upper portion of your MongoSCAN Cover Page. This same reservation number is encoded into the PDF417 barcode under which it is printed. Upon each Cover Page creation, MongoNet's systems generate and store your Cover Page information data against this internal, open reservation number. When transmitting a MongoSCAN transmission, the barcode is detected and the reservation number is looked up and matched to the encrypted credit card and Cover Page information data used to create the Cover Page. Accordingly, the credit card is charged based on number of pages sent through the system, per the pricing posted on the website and within this Agreement.
(b) Multiple Uses with One Cover Page. Multiple, unlimited uses can be made using any given Cover Page prior to that Cover Page's expiration date. Multiple uses of the same Cover Page will generate a unique MongoSCAN Tracking Number, unique charge amount and a subsequent and associated credit card charge per transmission.
(c) Tracking Numbers. A MongoSCAN Tracking Number is generated every time a MongoSCAN Cover page is used. This tracking number is generated and delivered as a link within the confirmation email sent to the From sender immediately following each transmission. The tracking number is not delivered to the To and Cc recipients. The tracking number is hidden behind the Track My MongoSCAN link feature found on the Sender's Confirmation Email. This link is your key to the delivery details that pertain to your transmission. To verify the authenticity of the tracking party, the From email address is requested (in addition to the Tracking Number) and compared to the From email associated with the tracking number. Together, the tracking number and From sender email address qualify the user to see the granular details of the transmission including the email addresses, SMTP logging and related delivery details of the transmission. MongoSCAN Tracking Number links and numbers remain active for one (1) year at which time the tracking number data is deleted and falls off MongoNet's systems. A subset of this data remains in MongoNet's billing engine. MongoSCAN Tracking Number Data includes all ballistics of your transmission including the email addresses, SMTP logging and related delivery details of the transmission. Tracking number data does not include any contents (for example, the subject line, attachment name, notes box and content pages are not recorded here). MongoSCAN Tracking Number links and numbers remain active for one (1) year after which time the data falls off and is deleted from MongoNet's systems. A subset of this data remains in MongoNet's billing engines.
(d) To Field. The To Field requires at least one email address. This field is where you, the sender, wish to scan your documents. The To Field holds 262 total characters, or 10 email addresses, whichever occurs first. Email addresses must be well formed, containing a '@' symbol and a '.' dot/period. Email addresses must be separated by commas, semicolons, or spaces.
(e) Cc Field. The Cc Field is optional. This field is where you, the sender, wish to Cc your scanned documents in the resulting MongoSCAN email. The Cc Field holds 262 total characters, or 10 email addresses, whichever occurs first. Email addresses must be well formed, containing a '@' symbol and a '.' dot/period. Email addresses must be separated by commas, semicolons, or spaces.
(f) From Field. The From Field holds only one email address (the From Sender's Email). The From Sender email address identifies the sender, enables email replies back to the sending party, provides credit card charge receipt, replica PDF archive copy, Track My MongoSCAN link, Edit Previous link, and other information and links within the Confirmation Email sent to the From sender. The maximum length of an email address supported by this field is up to 60 characters. Email addresses must be well formed, containing a '@' symbol and a '.' dot/period. It is impermissible to misrepresent yourself in the From Field. Should MongoNet learn of any such misrepresentation behavior or any other abuse, MongoNet reserves the right to terminate your access to the Services.
(g) Subject Line. Currently the subject line supports up to 262 characters. The subject line is converted and transmitted as the subject line of your resulting MongoSCAN email transmission.
(h) Attachment Name. MongoSCAN supports only well formed attachment names (no spaces, etc.) that end in .pdf file extensions (Portable Document Format). MongoNet's systems will automatically add a .pdf to the end of anything typed into this field. Currently the attachment name field supports up to 262 characters, although normal attachment names should be much shorter.
(i) Notes Box. The Notes Box information data is handled differently than the To, Cc, From, Subject Line, and Attachment Name and is not stored in MongoNet's systems against your MongoSCAN reservation number. Instead, Notes Box data is printed by MongoNet's systems onto the generated MongoSCAN Cover Page during your cover page creation print job. The Notes Box is then later passed through MongoNet's systems again when and if you transmit documents through the system (as an image). Accordingly, the Notes Box area supports added hand printing or other materially altered markings made onto the paper-based MongoSCAN Cover Page via additional writing instruments (such as pens or pencils) and the like because this area is passed through as an image. Any such markings, signatures, etc. must be made within the Notes Box region to be passed through as an image. Any stray markings made outside of your Notes Box on the Cover Page area can create Cover Page detection errors. The Notes Box image is passed through the MongoNet system and is deleted from MongoNet's systems after completion of any transmission. Notes Box typing field supports and renders up to 262 characters.
(j) Cover Page Expiration Date. The Cover Page expiration date is located in human readable font just below the large PDF417 barcode found on the top area of your Cover Page. If the cover page is used after the expiration date a feedback loop is sent to the sender's email address, assuming the reservation number is still available on the system. For your protection, Cover Page and their associated reservation numbers expire within 28 days and must be used within that timeframe. Cover Pages expire for your protection in the event that your Cover Page is not disposed of properly in the future. Reservation numbers remain in the system for three (3) months, so as to provide a two month period after the expiration date of the Cover Page for email feedback loops to users who are attempting to scan documents with an expired Cover Page.
(k) Image Enhancement. You acknowledge and agree that Cover Pages are modified during processing, and will be sent to the recipient in a modified form and you accept and acknowledge that content pages are cleaned, de-skewed and de-speckled to improve image quality.
(l) Barcodes. The large barcode (PDF417) on the upper portion of your Cover Page contains your encoded reservation number. The smaller barcode (QR Code) found on the lower right hand side of your Cover Page contains the version number of the cover page. This barcode is also used as an orientation landmark to create additional form recognition traction on your Cover Page. Currently this release is V14, which is encoded into this QR Code barcode. Cover Page, when transmitted through the system, are deleted to prevent future use by any receiving parties, including the From sender's scanned copy. Barcodes, registration marks, and the MongoSCAN access number are removed by MongoNet's systems with each transmission.
6. Cover Page Handling. It is the user's responsibility to safeguard their generated Cover Pages prior to their expiration date. If you wish to dispose of a Cover Page, it should be shredded or otherwise destroyed. Do not dispose of an intact Cover Page prior to its expiration date. Any malicious or fraudulent use of your Cover Page would immediately result in an email receipt and confirmation copy of the contents sent directly to your From sender email address, providing the tracking number and from sender fax machine, etc. Such misuse could only be created if you were to allow your generated Cover Page to be used by a fraudulent or malicious user. It is the user's responsibility to protect their live, generated Cover Pages to prevent any malicious or accidental use of the user's Cover Page by another party. Note that Cover Pages transmitted through the MongoNet system are altered so that the receiving parties (including the To, Cc and From sender) cannot impermissibly reuse the Cover Page.
7. Stacker Transmissions. Modern fax machines scan paper documents to the local memory on the fax machine at a faster rate than the modem is able to transmit the documents. Accordingly, many fax machine manufacturers chose to continue the initial analog fax call when a second transmission is being sent to the same fax/phone number. For this reason, MongoNet's systems attempt to detect every page of every transmission in search for detection of Cover Pages commingled within content pages, as in the case with a stacker transmission. If detected, MongoNet's systems automatically break and assemble these transmission pages into two (or more) logical transmissions. You understand that MongoNet's systems offer no guarantee of commingled Cover Page detection within a stacker transmission, especially in the case of poor, distorted or faded image quality.
8. Content Pages. All content pages pass through the MongoSCAN Service and are deleted off all of MongoNet's systems with each transmission. MongoNet supports all standard document types, including 8.5" x 11", "8.5 x 14" and the like. All content pages including portions of the Cover Page image, like the notes box, are faxed into MongoNet's systems as TIFF images. These TIFF image files receive Optical Character Recognition (OCR) whereby the OCR results are then embedded within the scanned document. The resulting ASCII text results are married behind the physical coordinates of where the OCR event took place, making the document searchable. The TIFF images with OCR results are then assembled within a PDF file. The resulting PDF email attachment is fully searchable. This OCR'ing of the documents happens on a pass-through basis. None of the OCR results from this step are recorded in MongoNet's systems in any way. Once the contents have been sent to the Internet, it is no longer under the control of MongoNet, and MongoNet shall have no further liability with respect thereto.
9. Transmission Image Quality. It is the customer's responsibility to follow the directions of the Service. Users are responsible for delivering clean, quality images, placing the Cover Page on top of any content pages. Your transmissions are read by a computer. Poor image quality including streaks, distortion, faded images, noise or other image quality issues may result in transmission failure. Your confirmation email will supply you with proof that the transmission was processed by MongoNet's systems. If you do not receive a confirmation email, your transmission may have suffered from image quality issues. Customers must maintain and clean their fax machines.
10. Possible Future Features. MongoSCAN Fax Header String removal is an advanced feature that may in the future become a per transmission option selectable by the sender as an advanced feature check box item. Currently this is not an available MongoSCAN feature. Cover Page Removal is an advanced feature check box item that may be enabled in the future. This feature would enable you to remove your Cover Page from within your scanned PDF attachment on a per use basis, as a selectable check box item. Currently this is not an enabled MongoSCAN feature.
11. MongoSCAN URLS. URLs for MongoSCAN include www.MongoNet.net, www.MongoNet.com, www.MongoSCAN.net, www.MongoSCAN.com, www.MongoFAX.net, or www.MongoFAX.com. All of these URLS resolve to MongoSCAN's main web form landing page for use of the MongoSCAN web-based, pay-per-use service.
12. Bill-to-Number (BTN) vs. Caller ID (CNID). MongoSCAN service has an advanced configuration of its underlying Telco circuitry to provide added proof of the sending fax machine party when available. With advanced equipment, CallerID can be spoofed or faked. As such, MongoSCAN's underlying Telco circuitry is configured to deliver the calling party's Bill-to-Number. This Bill-to-Number, or BTN, is a field delivered to MongoNet's systems from within the SS7 messaging structures. BTN is a layer stronger than CallerID. CallerID is configurable with advanced customer premise equipment. The Bill-to-Number is usually generated within the Telco provider's switching equipment. The BTN is the root phone number associated with a given phone line, and can differ from the CallerID normally displayed from a sending fax machine when connected to a trunk line. Most fax machines are connected to POTS lines (Plain Old Telephone Service) and in this case, the CallerID field and the BTN field within the SS7 messaging structures are identical. MongoNet's underlying Telco circuits are configured to deliver the Bill-to-Number, as this is much more reliable in proving the calling party's physical location and for purposes of reverse lookups in the case of proving who the calling party is. However, occasionally this field is missing within the SS7 messaging structures, usually due to technical difficulties with the originating carrier, or within-network-calls, new IP handoffs, and the like. When and if the BTN field is empty, MongoSCAN's underlying Telco switch equipment is configured to deliver MongoNet's systems the CallerID field as backup. MongoNet's systems cannot confirm whether your billing records are displaying the BTN, or the CallerID, however, when BTN is available, and it usually is, MongoSCAN records the BTN in its billing systems. This configuration is provided by MongoSCAN's underlying Telco carrier and MongoNet makes no guarantees whether you are receiving the BTN or CallerID field (or any other data supplied by the underlying Telco provider).
13. Transmission Specific Generated Links. Every unique MongoSCAN transmission creates and transmits unique links corresponding to every transmission. These links are transmitted to the email addresses indicated in the To, Cc and From email address fields. These links enable the receiving parties to create and print Reply, Reply All, Edit Previous and New Cover Pages in connection with the originating MongoSCAN transmission(s).
14. Reply and Reply All Links. These links enable the MongoSCAN email recipients with the option to create and print a Reply or Reply All Cover Page. Clicking on these links reverses the email addresses associated with the original transmission within the MongoSCAN web form while maintaining the subject line and attachment name of the original transmission. Accordingly users of these MongoSCAN Reply and Reply All links must supply a credit card to print and use their Reply or Reply All Cover Page. Reply links contain a unique hash plus From sender email address. Reply and Reply All links DO NOT access the Notes Box Image or the Content Page Images Associated with your transmission. Reply and Reply All links are deleted and fall off MongoNet's systems after one (1) year.
15. Edit Previous Link. The Edit Previous link is transmitted to the sending party within their confirmation email. Edit Previous links contain a unique hash plus From sender email address. The corresponding data and information contained in MongoNet's systems against the Edit Previous link includes the email addresses associated with your transmission, your subject line, and your attachment name associated with the original transmission that generated the transmission. This link enables the From Sender to go back to the original Cover Page to make adjustments, as in the case of creating a new Cover Page for a new set of documents being sent to the same original recipients.
16. New Links. The New links are transmitted to all parties, including the To, Cc, and From email addresses. As the name implies, this link brings you to a new MongoSCAN email Cover Page.
17. Marketing Email Templates. You understand and accept that MongoNet's systems push MongoSCAN marketing templates with every transmission. These templates contain links, marketing messages, marketing images, and other marketing related materials that help MongoNet to market the service. As such, you, the user, hold MongoNet harmless of all claims, past, present and future, associated with any related marketing activities and events created by your transmissions created through any of MongoNet's systems (whether MongoFAX or MongoSCAN). MongoNet reserves the right to update and change these email marketing templates at will and without notice and as often as MongoNet wishes.
B. MONGOFAX TERMS OF SERVICE
1. General Description. MongoFAX is the enterprise version of MongoNet's paper scanning services which requires establishing an enterprise account. MongoFAX requires a signed Master Service Agreement by the customer which binds to these publicly posted Terms of Service. The MongoFAX enterprise service is generally offered to large, high-headcount, organizations with high-volume usage needs. MongoFAX users that have entered into separate written Master Service Agreements with MongoFAX are still subject to the terms of those agreements as supplemented with the terms of service set forth in this Section 1B of the Agreement along with the Common Terms of Service set forth in Article 2 of the Agreement with each use of the MongoSCAN Service. All MongoFAX customers, users and/or sponsors are subject to and accept these continually evolving Terms of Service with every transmission and you are responsible for periodically reviewing these Terms of Service for updates and changes made by MongoNet.
2. Nature of Service. Subject to the terms and conditions of this Agreement, MongoFAX enables you to email documents using your fax machine, through the use of a specially formatted email Cover Page provided by MongoNet (the "Cover Page"), and sent by fax to your unique Access Phone Number. Your "Access Phone Number" is your organization's dedicated, unique phone number used to activate MongoFAX, and is provided to your organization after signing the Master Service Agreements. Dialing your Access Phone Number will result in MongoNet issuing an invoice to your account for transmissions made using that number. MongoFAX also depends on MongoNet's systems recognizing the Cover Page, so you are responsible for obtaining and using the most current version of the Cover Page provided by MongoNet each time.
3. Fees.
(a) Fees shall be charged according to your Master Service Agreement or selected Pricing Plan, and may include activation fees, minimum monthly commitments, charges per minute for each transmission, taxes and other charges. In addition, you are responsible for all sales, use, value added or other taxes, tariffs or other governmental charges relating to the Service, not including MongoNet's U.S. income taxes. You acknowledge that you are responsible for charges for errant transmissions, including without limitation resulting from improper use, poor image quality, fax streaks, image noise, OCR errors, barcode decoding errors, wrong numbers and other third party use of your Access Phone Number(s). MongoNet reserves the right to increase or decrease the fees or change the fee structure at any time upon written notice. Continued use of MongoFAX or non-termination of your account after such notice constitutes your acceptance of the new fees or fee structure.
(b) All payments must be received, in U.S. dollars, by the due date indicated on the invoice. MongoNet may charge, at its discretion, late fees of $10.00 per month plus 2% per month on the outstanding balance to cover its costs of collections as well as interest, or the maximum rate allowed by law, whichever is lower. MongoNet reserves the right to cancel any accounts that are delinquent upon payments.
(c) If you have authorized payment by credit card, credit card payments will be billed automatically at the time of the generation of the invoice. Credit card customers are responsible for reviewing their bill for any inaccuracies.
(d) Each month, regardless of your usage, you will be charged at least the amount of the minimum monthly commitment set forth in your Master Service Agreement or Pricing Plan. You will be charged more than that amount, if you incur usage time fees (minutes) or other charges in excess of such minimum monthly commitment. You will be billed a prorated, minimum monthly commitment fee for your first month of MongoFAX, based on the sign up date within that given month.
(e) You acknowledge and agree that MongoNet's billing system rounds all fax transmission times to the next highest minute.
(f) You are solely responsible for maintaining the confidentiality and/or distribution of your account. YOU ARE RESPONSIBLE AND WILL BE BILLED FOR ANY ACTIVITY OCCURRING AGAINST YOUR ACCOUNT INCLUDING ANY THIRD PARTY'S USE OF YOUR ACCESS NUMBER OR COVER PAGE. You agree to immediately notify MongoNet of any actual or suspected unauthorized use of your Account, including any unauthorized use of your Access Phone Number or your Cover Page. Your usage bills will be sent and/or charged monthly.
4. CoverPage.
(a) "Image Command Data" means all the image data found on the Cover Page captured by MongoNet's system, but not including the contents within the "Notes Box" portion. Image Command Data includes without limitation the image of the "To" field, "Cc" field, and "From" field, barcode decoding, version number, character data, and the landmarks used by MongoNet's system to recognize the Cover Page. Image command data may also include check boxes found on the Cover Page. The Image Command Data will be used by MongoNet to process and send your transmissions, and to improve MongoNet's Service. The information derived from the Image Command Data found on the Cover Page may be used and disclosed by MongoNet for its general business purposes, in accordance with our data practices set forth in the Privacy and Security Section.
(b) "Sender" means the email address recognized within the "From:" field or barcode of the Image Command Data by MongoNet's system. For the convenience of the recipient, the resulting email sent to the recipient will show the Sender in the "from:" field of the e-mail. You authorize MongoNet to use the Sender email address in the "from:" field, and you represent to MongoNet that this is your email address.
(c) "Recipient" means the email address(es) recognized within the "To:" and "Cc:" fields or barcode of the Image Command Data by MongoNet's system.
(d) "Subject Line" is accessible only when typing your MongoFAX cover page. The subject line gets encoded into the barcode for decoding and is passed through the system and is "not" logged into the billing engine as it is treated as content.
(e) MongoNet's system automatically processes and materially alters Cover Pages upon transmission, including digitization, regeneration of the image, nonlinear de-skewing, re-positioning, re-sizing, general image clean-up, removal of image data, addition of image data, conversion into .pdf format, and the like. In addition, to safeguard your account, MongoNet's system automatically removes your Access Phone Number from its pre-printed location on the Cover Page prior to transmitting the Cover Page.
(f) When typed, the To, Cc, and From Email Fields and Subject Line Field content is automatically encoded into a barcode which appears upon the print job. This barcode is generated within the PDF file via an encoding engine. This barcode is decoded by MongoNet's systems to determine the To, Cc, and From Email Fields and Subject Line Field (in the case when a user typed their cover page).
5. Content. MongoFAX is intended as a passive conduit for the transmission of the contents of your faxes (except for Image Command Data), to the Recipient via Internet email. MongoNet does not retain any of the content you transmit through the Service any longer than reasonably necessary for the transmission. To the extent that electronic copies of any content are created during transmission, such copies will be automatically deleted from MongoNet's system after the transmission is completed. Once the contents have been sent to the Internet, it is no longer under the control of MongoNet, and MongoNet shall have no further liability with respect thereto. MongoFAX converts the contents of your transmission to electronic format. The Notes box and content pages receive non-linear image de-skewing, image de-speckling, fax streak removal and other image enhancements in an effort to improve the image quality of your documents.
6. Automated System. MongoNet's system is automated and MongoNet personnel will not review the contents of your transmissions through MongoFAX, except as necessary to debug errors in transmissions or in our system.
7. Customizable Outbound Email Template. MongoFAX's systems inject unique customer branding via an outbound email template as defined by the customer and/or sponsor with every transmission. The resulting email from your transmissions will be formatted into MongoNet's standard outbound email templates. Aspects of the outbound email templates can be customized by using the MongoNet website or via an authorized MongoNet Sales Representative Sales@MongoNet.net. The resulting email from your transmissions will be formatted into MongoNet's standard outbound email templates. If you and/or a sponsor customize the outbound email template, you and/or the sponsor represent and warrant that you own or have sufficient right, title and interest in and to any such customizations to have it used for MongoFAX. In addition to your customizations, the outbound email templates may include information about MongoNet's service, links, disclaimers, graphics and other information or marketing messages that may be updated by MongoNet from time to time without notice.
8. Customized Cover Pages. You may customize your unique Cover Page through the website or your authorized MongoNet Sales Representative by specifying your own content for certain defined areas of the page. If you create a customized Cover Page, you represent and warrant that you own or have sufficient right, title and interest in and to any such content to have it included in the Cover Pages used for MongoFAX.
9. Network Connectivity Requirements. Creating and printing the Cover Page Form does not rely on any connections to MongoNet, save the Public Switched Telephone Network (PSTN) system when faxing your document. Any data transmitted to MongoNet in connection with transmitting and routing a user's documents via the MongoFAX service occurs via the actual fax transmission image delivered to MongoNet's systems with each individual transmission made by the user.
10. Coverage Area.
MongoFAX currently works with Toll Free Numbers as well as Local U.S. Based Non Toll Free Numbers. Toll Free Gateway Numbers allow users to fax paper-based documents from any fax machine located within the contiguous United States. MongoFAX Toll Free Access Numbers can be configured with expanded coverage to include Hawaii, Alaska, Canada, Puerto Rico, the US British Virgin Islands or other areas, per your arrangements with MongoNet. Transmissions can be sent to any email address(es) in the world. Local U.S. Based Non Toll Free Numbers work from anywhere, however, require the sender to pay their normal long distance toll charges (if any) billed by their phone company.
11. Automatic Distribution of Cover Page PDF Upgrades. Upon release, distribution of version upgraded MongoFAX Cover Page PDFs will be automatically emailed from the system to "From Senders" immediately following any transmissions made using a legacy MongoFAX Cover Page. The automatic version upgrade email will contain marketing materials pertaining to the new features, functionality and/or other improvements contained in the new MongoFAX Cover Page PDF along with any relevant instructions including "Save Attached Cover Page (PDF) to Your Desktop" along with any other important information. Legacy cover page users will continue to incur the automatic upgrade email feedback loop immediately following any future legacy cover page transmissions until that user converts to the newly upgraded version of the MongoFAX Cover Page PDF being distributed. Additionally, MongoNet reserves the right, from time to time, to automatically distribute the upgraded MongoFAX Cover Page PDF to all historical and previous "From Sender" user email addresses containing direct, customer specific domain names. MongoNet assumes that all active future "From Sender" users are authorized users irrespective of the "From Sender" email address domain name and as such will automatically distribute new MongoFAX Cover Page PDF version upgrades to such email addresses contained in the "From Sender" field. It is the customer's responsibility to monitor account activity for any unauthorized use. MongoNet reserves the right to automatically distribute new cover pages to all From Sender Email Addresses without notice when an account requires moving from a Toll Free Gateway Number to a Local U.S. Based Non-Toll Free Gateway Number as deemed appropriate by MongoNet.
12. Scope of Use. MongoFAX is provided directly to the customer for distribution internally or externally. The service may also be delivered to a given user base in connection with a sponsor as defined within your Master Service Agreement.
13. Hand Printing. MongoNet offers no guarantees that its technology will correctly read and interpret your transmissions including your hand printing. See the "Common Terms of Service" for further disclaimers of warranties relating to MongoFAX.
14. Barcodes and Barcode Decoding. To minimize the chance for errors, MongoNet recommends typing your Cover Page per the typing instructions. When typing, the To, Cc, From and Subject line fields are encoded into the barcode printed on your MongoFAX Cover Page. This barcode encoding engine occurs within your MongoFAX Cover Page PDF. Notes Box content is not encoded within the barcode. Subject line data decoded in this barcode is passed through the system and deleted instantly upon transmission. Email addresses are retained in the billing engine associated with the customer (user base owner)'s usage reporting.
15. Roving Accounts vs. Registered Accounts. Registered accounts may be accessed only from recognized telephone numbers that have been registered within MongoNet's systems. Roving accounts may be accessed from any telephone number within the Toll Free coverage area.
2. COMMON TERMS OF SERVICE FOR MONGOSCAN AND MONGOFAX AND MONGONET WEBSITE
A. User Conduct. In using the Service, your account and/or the MongoNet website, you agree to not:
(1) email, transmit, store or otherwise process any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (i) that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or (ii) 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 agreement, or (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(3) forge headers, email addresses, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(4) email, transmit, store or otherwise process any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, including without limitation e-mailing messages to anyone whom you know or have reason to know would object to receiving such messages;
(5) interfere with or disrupt the Service or servers or networks connected to the Service, including transmitting to MongoNet 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, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(6) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and
(7) "stalk" or otherwise harass another or harm another (including minors) in any way.
B. User Responsibility for Content. You acknowledge that you are responsible for all content that you provide to MongoNet for transmission. MONGONET SIMPLY ACTS AS A PASSIVE CONDUIT FOR YOU TO SEND AND RECEIVE INFORMATION OF YOUR OWN CHOOSING, AND DOES NOT CONTROL OR PRE-SCREEN ANY CONTENT TRANSMITTED VIA THE SERVICE. NEVERTHELESS, MONGONET AND ITS DESIGNEES RESERVE THE RIGHT (BUT SHALL HAVE NO OBLIGATION) TO REFUSE OR TERMINATE ANY TRANSMISSIONS THROUGH THE SERVICE WHICH IT BECOMES AWARE OR SUSPECTS VIOLATES THE AGREEMENT, OR WHICH IS OTHERWISE OBJECTIONABLE. Under no circumstances will MongoNet be liable in any way for any content you transmit or receive, including, but not limited to, relating to the subject matter of such content, any errors or omissions therein, or any loss or damage of any kind incurred as a result of the use, inaccuracy or timeliness of such content.
MongoNet is committed to protecting the security and privacy of your transmissions and personal information. This security and privacy policy (Privacy Policy) applies to the Services and all websites offered by MongoNet. If you have any questions about this privacy Policy, please feel free to contact MongoNet at CustomerService@MongoNet.net or write to MongoNet at Privacy Matters, c/o MongoNet Inc., 990 Columbus Avenue, San Francisco, CA 94133 USA.
1. Information MongoNet Collects. In order to provide the Services to you, MongoNet will collect the following types of information (Information):
(a) Information you submit. When you use the Service, MongoNet will ask for certain information as further described in Sections 1A and 1B of this Agreement. This Information includes, for example, the information you provide when you sign-up for the Service (such as your name, address, financial information, list of registered phone numbers), information derived from the Image Command Data (such as the Sender and Recipient e-mail addresses), information received by MongoNet from its telephone system when you call an Access Number (such as the phone number from which you are calling, the duration of the call, the number of pages sent, To, Cc and From email addresses, subject lines, attachment names, etc.), the personal preferences you select for your account on the MongoNet website (such as the customizations for your Cover Page). For certain Services, including the MongoSCAN, MongoNet also requests credit card or other payment account information which MongoNet maintains in encrypted form on MongoNet servers.
(b) Cookies. When you use the Service, MongoNet sends one or more cookies to your computer (a small file containing a string of characters) to help identify you to our MongoNet servers. MongoNet uses cookies to improve the quality and ease of use of our Service. You can change the settings on your computer to refuse or decline such cookies, some features and Services may not function properly if your cookies are disabled.
(c) Communications. When you send email or other communication to MongoNet, MongoNet may use and retain those communications to respond to your requests and improve our Services.
2. MongoNet's use of such information. MongoNet uses the Information for the following purposes: (a) provision of the Services, as further described in this Agreement; (b) for MongoNet's general business purposes, including without limitation to provide and customize your Services, to process new orders, to verify your identity, for billing purposes, to contact you; (c) rresearch and analysis in order to maintain, protect and improve our Services and websites; and (d) ensuring the technical functioning of the Service and websites.
3. MongoNet's disclosure of such information. MongoNet may disclose the Information to third parties in the following circumstances: (a) provision of the Services (including to recipients and senders over the Internet) as further described in this Agreement; (b) to affiliated companies and trusted businesses and persons to for the purposes of providing the Services to you; (c) when MongoNet or its legal advisors have a good faith belief that disclosure of the Information is (1) required by applicable law, regulation, legal process or government request, (2) is useful to prevent illegal action or torts, including fraud, (3) in connection wit the enforcement of this Agreement and defend itself against claims asserted against MongoNet, or protect the rights, property, or personal safety of MongoNet, its users and the public, and (4) as otherwise permitted under applicable law; (d) when MongoNet becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, or through a consolidation, by operation of the law, or otherwise; and (e) on an aggregated or statistical basis that does not identify you personally or disclose a substantial portion of the content or notes submitted by you.
4. Marketing Practices. MongoNet will not collect e-mail address from your transmissions for the purpose of sending future marketing messages. However, MongoNet reserves the right to send you, at the Sender e-mail address, requests for feedback, user tips, information about new features, and other important announcements from MongoNet and its business partners. Also, your use of the Service signifies your consent and your understanding that you may be transmitting informational or promotional messages and links for MongoNet and its partners in the resulting e-mails from your transmissions and your understand and accept that MongoNet reserves the right to update and change these marketing templates, offers, links and messages at will and without notice at any time. You understand you are transmitting these marketing messages and you hold MongoNet harmless for any and all claims associated with such marketing transmissions, past, present and future.
5. Security.
(a) Physical Security. MongoNet's service is currently hosted at multiple, premier, tier one, co-location facilities located in California. All fax traffic is delivered via normal Public Switched Telephone Network (PSTN) infrastructure into this secure facility where transmissions are automatically processed and routed to the Internet. MongoNet's facility offers a wide range of physical security features, including state-of-the-art smoke detection and fire suppression systems, motion sensors, 24x7 secured access, video camera surveillance and security breach alarms. MongoNet reserves the right to expand or change physical locations or co-location providers, but will require future locations and/or co-location providers to have similar or better physical security.
(b) Electronic and Network Security. MongoNet's entire network is protected by commercial grade, state-of-the art firewalls. The only public network interface between the Internet and your Transmission image content data is via our outgoing mail servers. Otherwise your Transmissions are fire-walled off from external Internet access. MongoNet's secure system is continuously monitored for attempted intrusions and updated accordingly. MongoNet reserves the right to modify, change and continually improve the electronic and network security of its system.
(c) Mail Delivery Security. MongoNet will attempt to deliver your faxes to the recipient and transmission confirmation emails to the Sender using ESMTP, which is SMTP with Transport Layer Security (TLS) extensions. TLS provides an encrypted tunnel between MongoNet's mail server and the Recipient's and Sender's mail server. If ESMTP is not available, MongoNet delivers your email using standard SMTP.
(d) Website Security. In some cases when you send confidential information to MongoNet, MongoNet provides you the opportunity to establish a "secure session" using Secure Socket Layer (SSL). SSL provides that the information passed back and forth between your computer and our system is secured by using public key cryptography. Your computer exchanges key information with MongoNet's system to create a private conversation. In order to use these security features, users are required to be running an SSL-capable browser (MS Internet Explorer 6.0 (or later) and Firefox 1.0 (or later) are all SSL-capable browsers).
(e) Disclaimer. NOTWITHSTANDING THESE SECURITY PROVISIONS, MONGONET DISCLAIMS ANY WARRANTY THAT THE SERVICE AND INFORMATION SUBMITTED TO IT WILL BE SECURE FROM UNAUTHORIZED OR ILLEGAL ACCESS, DESTRUCTION OR ALTERATION BY THIRD PARTIES.
D. EQUIPMENT NECESSARY TP USE SERVICE.
The Service only includes access to MongoNet's systems through the Cover Page, Access Phone Number (MongoFAX users only) and the MongoNet website. You are responsible to obtain and pay for all equipment and third-party services (e.g. fax equipment, computer equipment, phone lines, e-mail address) required for you to access the Service and the MongoNet website.
E. MODIFICATIONS OF THE SERVICE.
MongoNet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or add or remove additional services that may be related or unrelated with or without notice. You agree that MongoNet will not be liable to you or to any third party for any modification, suspension or discontinuation of the Service or any additions or removal of related services.
F. PROPRIETARY RIGHTS AND OWNERSHIP OF YOUR TRANSMISSION./
Subject to the remainder of this "Proprietary Rights and Ownership" section, you shall retain all your right, title and interest in any transmissions you make through the Service unless otherwise delineated within a Master Service Agreement. You hereby grant MongoNet a non-exclusive license to process and send your transmissions via e-mail to the recipient, as identified by MongoNet's systems from the Cover Page. You acknowledge that Cover Pages are modified during processing, and will be sent to the recipient in a modified form and you accept and acknowledge that content pages are cleaned, de-skewed and de-speckled to improve image quality. In addition, you hereby grant MongoNet a non-exclusive license to use the Image Command Data found on your Cover Page to develop and improve MongoNet's services, forms recognition and barcode decoding technology and its systems.
G. OWNERSHIP.
MongoNet shall retain all right, title and interest in and to all aspects of the Service, including any Cover Pages, Access Phone Numbers, its website, its software and systems used to receive, process and send transmissions, its software, barcode and forms recognition technology and any associated documentation, any copies, modifications, enhancements and improvements thereof, and all patents, copyrights, trademarks and other intellectual property and proprietary rights associated therewith. You acknowledge and agree that all inventions, product improvements and modifications of the Service, the Cover Page, and any other products, services, software or inventions, conceived of or made by MongoNet, based in whole or in part, on your feedback, suggestions, recommended improvements, or training our technology or our systems with your transmissions, shall be solely owned by MongoNet. All rights not expressly granted herein are reserved to MongoNet. MongoNet makes available its Cover Pages, Access Phone Numbers, and any other portions of its system for your use only in accordance with this Agreement. Except to the extent that such a restriction is not permitted under applicable law, you shall not decompile or reverse engineer any aspect of the Service or MongoNet's systems, or otherwise obtain unauthorized access to the Service or MongoNet's systems. You shall not remove or alter any proprietary notices, labels, markings, form recognition landmarks, or any disclaimers, instructions, marketing messages, links or other materials contained in any MongoNet documents or transmissions, including the Cover Page. You agree not alter or overwrite any portion of the Cover Page, except for specific areas intended for your input. Except as expressly authorized by MongoNet in writing, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or any materials provided by MongoNet, in whole or in part.
H. DISCLAIMER OF WARRANTIES.
Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. MONGONET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. MongoNet makes no representation or warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, available, timely, secure, or error-free, (iii) the Service will be accurate or reliable, or (iv) any errors in the Service will be corrected. MongoNet expressly does not guarantee delivery to intended addressees, or at all, of your transmissions using the Service, the form or contents of any transmissions delivered to any addressees, or the privacy or security of any of transmissions using the Service.
I. LIMITATIONS OF LIABILITY.
MONGONET SHALL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON FOR ANY DELAYS, LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DOCUMENTS, DATA OR PROGRAMS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF MONGONET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MONGONET'S MAXIMUM LIABILITY ARISING OUT OF ANY CLAIM RELATING TO THE THIS AGREEMENT OR THE SERVICES SHALL BE LIMITED TO THE AMOUNTS PAID TO MONGONET BY YOU IN CONNECTION WITH THE ACTUAL TRANSMISSIONS OR TRANSMISSIONS' DOLLAR AMOUNT CHARGED BY MONGONET. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
J. EXCLUSIONS AND LIMITATIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
K. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless MongoNet, its subsidiaries, affiliates, directors, officers, agents, co-branders, sponsors or other partners, and employees, from any claim, demand, action, suit, judgment, loss, liability, cost, expense (including reasonable attorneys' fees) made by any third party due to or arising out of any data, information, content or materials you store or transmit through the Service, your use of the Service, your violation of the Agreement, your violation of any rights of another, your violation of applicable law, regulation or government order, or use of your Account or Cover Page by any other person.
L. LINKS.
The MongoNet website, the Cover Page and MongoNet's transmissions may include links to other websites or resources. Because MongoNet has no control over such sites and resources, you acknowledge and agree that MongoNet 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 MongoNet 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.
M. TOLL FREE GATEWAY SWITCHOVER TO U.S. BASED LOCAL GATEWAY COVER PAGE AUTO-ROTATION RIGHT.
MongoNet reserves the right to automatically switch certain MongoFAX Accounts, especially non-paying accounts, from a Toll Free Gateway Access Number(s) to a Local U.S. Based, Non Toll Free Gateway Access Number(s) by exercising MongoNet's automated Cover Page Auto-Rotation Right, whereby MongoNet's systems auto-rotate a new cover page containing a Local U.S. Based, Non-Toll Free Gateway Number to all From Sender Email Address Users (thereby phasing out Toll Free Access). This right may be exercised by MongoNet at any time without notice at MongoNet's sole discretion, especially in the case of non-paying accounts and/or delinquent accounts.
N. TERM AND TERMINATION.
This Agreement shall apply to all use of the Service. MongoNet reserves the right to cancel your service at anytime, with or without notice, for any reason. Upon any cancellation or termination of this Agreement or your Service, you will immediately cease to use and will delete any and all Cover Pages and (for MongoFAX service users only, your Access Phone Number). In turn, MongoNet will deactivate and delete your account and access number. Upon cancellation or termination, MongoNet reserves the right to delete any information, data, and/or transmission data stored within its billing and related systems associated with your account. The remainder of this Section M applies to MongoFAX Service users only: MongoNet reserves the right to cancel your service at anytime, with or without notice, for any reason, irrespective of the Term found in your Master Service Agreement. If your Master Service Agreement is now on a month-to-month Term, or pricing plan includes a minimum monthly commitment, then you will continue to be subject to that commitment for the remainder of the month in which cancellation occurred or the remainder of the Master Service Agreement or Pricing Plan Term. If you are an entity, notice of cancellation must be provided by the authorized system administrator within your organization.
O. MISCELLANEOUS
(1) Assignment. Neither party may assign or otherwise transfer this Agreement or any rights or obligations hereunder without the prior written consent of the other party; except that MongoNet may assign and otherwise transfer this Agreement, in whole or in part, without your consent, to a corporate affiliate or to a successor of all or substantially all of its business pertaining hereto, whether by way of merger, sale or transfer of all or substantially all of its assets hereof, consolidation, operation of the law, or otherwise. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
(2) Governing Law and Jurisdiction. THIS AGREEMENT AND ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES. ALL SUCH DISPUTES SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN SAN FRANCISCO COUNTY, CALIFORNIA, AND THE PARTIES AGREE AND SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF THESE COURTS.
(3) Relationship of the Parties. The parties are independent contractors. Nothing contained herein or done pursuant to this Agreement shall constitute either party as agent of the other party for any purpose or in any sense whatsoever, or constitute the parties as partners or joint venturers.
(4) Force Majeure. MongoNet is not responsible for any delays, errors, failures to perform, interruptions or disruptions in the Service or the MongoNet websites caused by or resulting from any act, omission, or condition beyond MongoNet's reasonable control, whether or not foreseeable or identified, including without limitation strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, failure related to the Internet, telecommunications failure or other communication systems, earthquakes, severe weather, floods, or other natural disaster, or your or any third party's actions, hardware, software, or communications equipment or facilities.
(5) Notices. Notices to you may be made via either email or regular mail, or may be posted on the public portions of the MongoNet's website. Notices may also be transmitted to users, customers and/or sponsors via MongoNet's services and/or to MongoNet's past or current users via email or physical mail. It is your responsibility to keep your email address and regular mail address in your Registration Data current, and to check the MongoNet website from time to time for notices. Notices to you made via e-mail or regular mail shall be deemed to have been served when delivered or, if delivery is not accomplished not due to our fault, when tendered. Notices to you made via the MongoNet website will be deemed received when it has been posted. Notices to MongoNet regarding the Service or this Agreement shall be sent to CustomerSupport@MongoNet.net.
(6) Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service, Cover Pages, Access Phone Numbers, the MongoNet website and any other products and/or services provided by MongoNet. 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 technology, technical data or information exported from the United States or the country in which you reside.
(7) Entire Agreement; Severability. This Agreement and the Master Service Agreement (if any) between you and MongoNet sets forth the entire understanding and agreement between MongoNet and you with respect to the subject matter hereof. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
P. MODIFICATION OF THIS AGREEMENT.
MongoNet may automatically amend this Agreement at any time by posting a revised version on the website. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICE OR CONTINUING TO MAINTAIN YOUR ACCOUNT AFTER SUCH AMENDMENTS HAVE BEEN POSTED.
Q. BINDING AGREEMENT.
You represent and warrant that you are at least eighteen (18) years old, and have the legal right and ability to enter into this Agreement on behalf of your organization. BY USING ANY OF MONGONET'S SERVICES, YOU ARE AGREEING TO THESE PUBLICLY POSTED TERMS OF SERVICE.
