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:
  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 agreements, or (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;


  2. 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;
  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;


  7. "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.