My Docs Online Service Agreement
IMPORTANT: BY CLICKING ON THE I Accept BUTTON AND/OR ACCESSING ANY PART OF THE My Docs Online SERVICE (THE “SERVICE”) YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, CLICK THE Cancel BUTTON; THE REGISTRATION PROCESS WILL NOT CONTINUE AND YOU WILL STOP ALL USE OF THE SERVICE AND WILL HAVE NO AUTHORITY TO USE THE SERVICE. IF YOU ARE DEEMED TO HAVE ORDERED THE SERVICE, My Docs Online ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY My Docs Online, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
TERMS AND CONDITIONS
1. THE SERVICE
My Docs Online provides Internet based data storage and access services. My Docs Online offers these services through its Website www.mydocsonline.com.
The Services consist of user interfaces, data encryption (as available), data transmission, data access (as available) and data storage.
You are responsible for obtaining and maintaining all computer hardware, software and communications equipment and services needed to access the Service.
My Docs Online, Inc. (“MYDOCS”) makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. MYDOCS reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice.
2. USE OF PROPRIETARY SOFTWARE
Subject to the terms and conditions of this Service Agreement, MYDOCS grants you an individual, personal, non-sublicensable, non-exclusive and non-transferable license (the “License”) to use its proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that MYDOCS and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and you will destroy and cease to use the software. THE SOFTWARE IS PROVIDED “AS IS” AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT.
3. RESTRICTIONS AND POLICIES
You will not use the Service in any way for spamming, chain letters, junk mail or distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitation, copyright, trademark, obscenity and defamation laws. Unlawful uses of the Service include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You hereby agree to defend and indemnify MYDOCS against any claim or action that arises from your use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.
It is the policy of MYDOCS to respect the privacy of its customers. Nevertheless, MYDOCS reserves the right to access and disclose any information, data, graphics, video, sound, files and other content created by, provided by, or accessed by you (“Content”) in order to comply with applicable laws and lawful government requests, to operate its business properly, or to protect itself. This may also include disclosing licensees’ names and other registration and identification information. MYDOCS reserves the right in its sole discretion, but will not be obligated, to remove any Content from its system. MYDOCS will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of.
MYDOCS provides support via email and telephone. Email support is available 24 hours per day while telephone support is provided during MYDOCS normal business hours. Subject to the terms hereof, MYDOCS will provide you with support services for the Service and associated software. Under no circumstances will MYDOCS have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or toll-free telephone support.
5. PAYMENT OF FEES
MYDOCS offers its Service, as described on the MYDOCS website (www.mydocsonline.com) and as published within the Service, for monthly or annual fees (the “Fees”), which are also published within the service. You agree to provide MYDOCS with accurate and complete billing information, including your legal name, address and telephone number, and to update this information within 30 days of any change to it. Payment for the Service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties. Upon signing up for a service plan and throughout the remaining term of this Service Agreement, you will pay MYDOCS, by authorized credit card, the then applicable Fees for the Service. MYDOCS reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon seven (7) days prior notice to you (which may be sent by email). The Fees will automatically be charged either monthly or annually according to the subscription plan you choose, in advance. Additional charges, including without limitation all miscellaneous and storage fees, will be charged in arrears.
Your MYDOCS account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next billing cycle. Penalties may be applied in case of canceled or expired credit card. Accounts that are delinquent by more than one accounting cycle may be suspended, archived, or purged from the system. Suspended accounts continue to accrue charges until reinstated or canceled. MYDOCS may impose a charge to restore archived data for delinquent accounts.
If you believe MYDOCS has billed you incorrectly, you must contact MYDOCS no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to the MYDOCS Customer Support department.
MYDOCS may choose to bill through an invoice for annual accounts, in which case, full payment for invoices issued in any given month must be received by MYDOCS thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance or the maximum permitted by law, whichever is less, plus all expenses of collection.
MYDOCS, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to MYDOCS at any time; however, you will not receive a refund of any portion of your fees paid to MYDOCS. Upon termination of an account, your right to use such account and the Service immediately ceases. MYDOCS shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
Cancellation of the service can be done through the website at www.mydocsonline.com through the Account section of your account. Or, you may contact the My Docs Online Customer Support Department to request account cancellation directly via email, fax, postal mail or phone. MYDOCS will remove the Content of an account shortly after cancellation. MYDOCS may, but is not obligated to, delete archived data.
Upon expiration or termination, you will immediately cease all use of the software and the Service. Except for the License granted in Section 2 and except as otherwise expressly provided herein, all sections of this Service Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.
7. WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND My Docs Online DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
My Docs Online’s TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO My Docs Online FOR THE SERVICE UNDER THIS SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. IN NO EVENT WILL My Docs Online AND ITS LICENSORS BE LIABLE FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF My Docs Online HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. U.S. GOVERNMENT MATTERS
You may not remove or export from the United States or allow the export or re-export of any part of the software or applicable documentation, if any, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and Documentation licensed in this Service Agreement are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Service Agreement.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. This Service Agreement is not assignable, transferable or sublicensable by you except with the prior written consent of MYDOCS. This Service Agreement will be governed by and construed in accordance with the laws of the state of Florida without regard to the conflict of laws provisions thereof. Both parties agree that this Service Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Service Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind MYDOCS in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.