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This Terms of Service was last updated on April 8th, 2008.
Introduction.
MongoNet, Inc ("MongoNet") is a Delaware corporation
having a place of business at 990 Columbus Avenue,
San Francisco, CA 94133. "You" and "your" refers
to the individual or entity that has ordered, used
or received services from MongoNet. "Service" refers
to the MongoFAX service provided to you by MongoNet.
This Terms of Service ("Agreement") sets forth the
applicable terms and conditions relating to the Service.
SERVICES PROVIDED BY MONGONET
Nature of Service. Subject
to the terms and conditions of this Agreement, the Service
enables you to email documents using your fax machine,
through optical character recognition technology ("OCR").
Documents you wish to send through the Service must be
attached to a specially formatted email cover page provided
by MongoNet (the "Email Cover Page"), and sent by fax
to your unique Intelligent MongoFAX Phone Number. Your "Intelligent
MongoFAX Phone Number" is your organization's dedicated,
unique phone number used to activate the Service, and
is provided to you upon sign-up and printed on your Email
Cover Page. Dialing your Intelligent MongoFAX Phone Number
will activate and bill your Account for transmissions
made using that number. The Service also depends on MongoNet's
systems recognizing the Email Cover Page, so you are
responsible for obtaining and using the most current
version of the Email Cover Page each time. Each use of
the Service confirms that you have agreed to the most
current version of this Agreement, available at the MongoNet's
website, www.MongoNet.net (the "Website").
Automatic Distribution og MongoFAX Email Cover Page PDF Upgrades.
Upon release, distribution of version upgraded MongoFAX Email Cover
Page PDFs will be automatically emailed from the system to
"From Senders" immediately following any transmissions made using a
legacy MongoFAX Email 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
Email 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 Email Cover Page PDF being distributed.
Additionally, MongoNet reserves the right, from time to time, to
automatically distribute the upgraded MongoFAX Email 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
Email 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.
Scope of Use. The Service
is provided for your internal business use (including
transmitting documents to third parties for your internal
business purposes) only. You shall not resell or otherwise
make available the Service for any third party's use.
OCR. MongoNet offers no
guarantees that its OCR technology will correctly read
and interpret your transmissions, including your hand
printing or the computer generated fonts. See below for
further disclaimers of warranties relating to OCR and
the Service. To minimize the chance for OCR errors, MongoNet
recommends typing your Email Cover Page per the typing
instructions. In addition, you agree to review the Website
from time to time and follow any instructions, user tips,
user guidelines and answers to frequently asked questions
provided by MongoNet for using the Service.
Coverage Area. Currently,
all of your transmissions must originate from fax machines
located within the United States (including Hawaii and
Alaska) or Canada. Transmissions can be sent to any email
address(es) in the world as your transmission destination.
Sign-up Process. Before
using the Service, you must sign-up with MongoNet to
set up your Account. During sign-up, you also will select
your pricing plan ("Pricing Plan") and whether you wish
to have a Roving or Registered account. If you select
a Registered account, you will be prompted to provide
one or more registered phone numbers from which you will
fax your transmissions to MongoNet. You represent to
MongoNet that you have provided true, accurate, current
and complete information about yourself as requested
during the registration process (such information, the "Registration
Data"). You agree to maintain and promptly update the
Registration Data to keep it true, accurate, current
and complete.
Account. You will receive
a unique account designation, unique Email Cover Page
(PDF), unique Intelligent MongoFAX Phone Number, and
password upon completing the sign-up process (collectively,
including your choice of your Pricing Plan and your choice
of a Roving vs. Registered account, your "Account").
You are solely responsible for maintaining the confidentiality
of your account. Do not circulate any of your Account
information, including your Intelligent MongoFAX Phone
Number or your Email Cover Page, outside of your organization,
AS YOU ARE RESPONSIBLE AND WILL BE BILLED FOR ANY ACTIVITY
OCCURRING USING THEM, INCLUDING ANY THIRD PARTY'S USE
OF YOUR INTLLIGENT MONGOFAX PHONE NUMBER OR EMAIL COVER
PAGE. You agree to immediately notify MongoNet of any
actual or suspected unauthorized use of your Account,
including any unauthorized use of your MongoNet Intelligent
Phone Number or your Email Cover Page.
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. You understand that selection of a Roving Accounts
may result in increased risk of unauthorized use because
they permit access from any telephone number.
Equipment Necessary to use Service.
The Service only includes access to MongoNet's systems
through the Email Cover Page, Intelligent MongoFAX Phone
Number and the 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 Email Cover Page,
Intelligent MongoFAX Phone Number and the Website.
USER CONDUCT, PRIVACY AND SECURITY
User Conduct. In using the
Service, your Account and/or the Website, you agree to
not:
- 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 agreements,
or (iii) that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of
any party;
- impersonate any person or entity, including, but
not limited to, a MongoNet official, or falsely state
or otherwise misrepresent your affiliation with a
person or entity;
- forge headers, email addresses, or otherwise manipulate
identifiers in order to disguise the origin of any
content transmitted through the Service;
- 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;
- 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;
- intentionally or unintentionally violate any applicable
local, state, national or international law, and
any regulations having the force of law;
- "stalk" or otherwise harass another, or harm minors
in any way;
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 or contents of such content, any
errors or omissions therein, or any loss or damage of
any kind incurred as a result of the use of such content.
Security and Privacy Policy.
The security and privacy of your transmissions to MongoNet
is protected, in whole or in part, by federal and state
law. In addition, MongoNet is committed to protecting
the security and privacy of your transmissions and personal
information, as detailed in the most current version
of its Security and Privacy Policy, available at the
Website (the "Security and Privacy Policy").
FEES
Fees. You agree to pay all
fees charged by MongoNet for the Service. Fees shall
be charged according to your 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 hand printing,
fax streaks, image noise, OCR errors, wrong numbers and
other third party use of your Intelligent MongoFAX Phone
Numbers, and MongoNet's system errors.
MongoNet reserves the right to increase or decrease the
fees or change the fee structure at any time upon written
notice. Continued use of the Service or non-termination
of your account after such notice constitutes your acceptance
of the new fees or fee structure.
Late Fees. 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.
Credit Card Customers. 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 at the Website
for any inaccuracies.
Minimum Monthly Commitment.
Each month, regardless of your usage, you will be charged
at least the amount of the minimum monthly commitment
set forth in your 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 Service.
Calculation of Transmission Time.
MongoNet's billing system rounds all fax transmission
times to the next highest minute. If you have selected
the option of receiving confirmation pages via fax, you
will be charged for transmission for the confirmation
page via fax, which also will be rounded to the next
highest minute. The rounded up time of the original transmission
and the rounded up time of transmitting the confirmation
page will be added together after rounding individually.
To avoid these extra usage time fees for the fax confirmation
pages, you can opt for confirmation via email only.
CANCELLATION, TERMINATION AND MODIFICATION OF THE
SERVICES
Term. This Agreement shall
apply to all use of the Service until cancelled by you
or terminated by MongoNet. Upon any cancellation or termination
of this Agreement or your Service, you will immediately
cease to use and will delete any and all Account information,
including your unique Email Cover Page and your Intelligent
MongoNet Phone Number.
Cancellation. You have the
right to cancel the Service at any time upon written
notice to MongoNet. If your 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. If you are an entity, notice
of cancellation must be provided by the authorized system
administrator within your organization.
Termination. MongoNet may
terminate your account and your use of the Service, (a)
at any time upon written notice in the event you have
breached this Agreement, or (b) otherwise upon thirty
(30) days written notice for its convenience. Upon cancellation
or termination of your Account, MongoNet reserves the
right to delete any information, data, content and/or
transmission data stored within its systems relating
to your account.
Modification of this Agreement and/or the Security
and Privacy Policy. MongoNet
may automatically amend this Agreement and/or the Security
and Privacy Policy at any time by posting a revised version
on the Website and/or by sending you via e-mail information
regarding the amendment. 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 OR INFORMATION REGARDING SUCH AMENDMENTS HAVE
BEEN SENT TO YOU.
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) 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.
PROPRIETARY RIGHTS AND OWNERSHIP Your Transmissions. 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. 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 Email Cover
Page. You acknowledge that Email Cover Pages are modified
during processing, and will be sent to the recipient
in a modified form. In addition, you hereby grant MongoNet
a non-exclusive license to use the Image Command Data
found on your Email Cover Page (as defined in the Security
and Privacy Policy) to develop and improve MongoNet's
OCR technology and its systems.
Customized Email Cover Pages.
You may customize your unique Email Cover Page through
the Website, by specifying your own content for certain
defined areas of the page. If you create a customized
Email 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 Email
Cover Pages used for the Service.
Customized Outbound Email Template.
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 Website. If you customize the outbound email
template, you represent and warrant that you own or have
sufficient right, title and interest in and to any such
customizations to have it used for the Service. In addition
to your customizations, the outbound email templates
may include information about MongoNet's service, links,
disclaimers, graphics and other information or messages.
MongoNet's Proprietary Rights.
MongoNet makes available its Email Cover Pages, Intelligent
MongoFAX Phone Numbers, and any other portions of its
system for your use only in accordance with this Agreement.
You agree not to access the Service by any means other
than through the interface provided by MongoNet (i.e.
without limitation your unique Email Cover Page, your
Intelligent MongoFAX Phone Number, and the Website).
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, OCR landmarks, or any disclaimers,
instructions, marketing messages, links or other materials
contained in any MongoNet documents or transmissions,
including the Email Cover Page. You agree not alter or
overwrite any portion of the Email 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.
Ownership. MongoNet shall
retain all right, title and interest in and to all aspects
of the Service, including any Email Cover Pages, Intelligent
MongoFAX Phone Numbers, its Website, its software and
systems used to receive, process and send transmissions,
its OCR 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 Email 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 OCR technology
or our systems with your transmissions, shall be solely
owned by MongoNet. All rights not expressly granted herein
are reserved to MongoNet.
DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY
AND INDEMNIFICATION
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.
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, THE
SECURITY AND PRIVACY POLICY OR THE SERVICE, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY, 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, THE SECURITY AND PRIVACY POLICY OR
THE SERVICE SHALL BE LIMITED TO THE AMOUNTS PAID TO MONGONET
BY YOU IN THE LAST MONTH PRIOR TO THE TIME SUCH CLAIM
FIRST ACCRUED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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 foregoing limitations may not apply to you.
Indemnification. You agree
to defend, indemnify and hold harmless MongoNet, its
subsidiaries, affiliates, directors, officers, agents,
co-branders 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, or use of your Account by any other
person.
Links. The Website, the
Email Cover Page and MongoNet's transmissions may include
links to other World Wide Web sites 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.
MISCELLANEOUS 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.
Governing Law and Jurisdiction.
THIS AGREEMENT AND THE SECURITY AND PRIVACY POLICY, AND
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT
AND/OR THE SECURITY AND PRIVACY POLICY 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.
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.
Force Majeure. MongoNet
is not responsible for any delays, errors, failures to
perform, interruptions or disruptions in the Service
or the MongoNet System 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
of the Internet, phone system 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.
Notices. Notices to you
may be made via either email or regular mail, or may
be posted on the public portions of the Website. It is
your responsibility to keep your email address and regular
mail address in your Registration Data current, and to
check the 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 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.
Compliance with Laws. You
shall comply with all applicable laws, statutes, ordinances
and regulations regarding your use of the Service, Email
Cover Pages, Intelligent MongoFAX Phone Numbers, the
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.
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 unforceable part shall
be given effect to the greatest extent possible and the
remainder will remain in full force and effect. If you
have signed a Master Service Agreement with MongoNet,
the Master Service Agreement shall control as to any
conflict between it and this 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.
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