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THIS DOCUMENT STATES THE TERMS UPON WHICH THE NETDOCUMENTS SERVICE (THE "SERVICE") OFFERED BY NETVOYAGE CORPORATION (“NETVOYAGE”) IS PROVIDED TO INDIVIDUALS  WHO USE OR SEEK TO USE THE SERVICE (COLLECTIVELY REFERRED TO AS “REGISTERED USERS” OR “USERS”) UNDER THE TERMS AND CONDITIONS OF A SPONSORING CUSTOMER’S ("CUSTOMER") NETDOCUMENTS SERVICE AGREEMENT.  IF THE INDIVIDUAL USER IS AN EMPLOYEE OF A CUSTOMER WHO HAS A SERVICE AGREEMENT AND IF ANY DISCREPANCIES EXIST BETWEEN CUSTOMER’S SERVICE AGREEMENT AND THIS AGREEMENT, THE CUSTOMERS NETDOCUMENTS SERVICE AGREEMENT SHALL TAKE PRECEDENCE.  USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THE APPLICABLE AGREEMENTS.

User acknowledges and agrees that the NetDocuments Service may be used pursuant to the following terms, including any terms specified in the sponsoring Company’s NetDocuments Service Agreement and the associated remedies for failure to comply. The User should contact the sponsoring Customer’s NetDocuments Administrator for additional information related to the sponsoring Customer’s NetDocuments Service Agreement.  

(a) In consideration of User’s use of the Service, User agrees to provide true, accurate, current and complete registration information, including correcting information about User submitted as part of an invitation sent by another User, and to maintain and promptly update such information to keep it true, accurate, current and complete. User certifies that User is at least 18 years of age.  Users’ registration information and personally identifiable data are subject to the NetDocuments Privacy Policy on the NetDocuments web site.  This policy is subject to change and is currently found on the NetDocuments Login page accessible at https://vault.netvoyage.com.

(b) User’s Account is to be used solely by the person for whom it was created.  Use of an Account by more than one person violates this Terms of Use Agreement and remedies set forth in the sponsoring Customer’s NetDocuments Service Agreement shall apply.  The only exception is use of an Account under the sponsoring Customer’s Service Agreement for the sole purpose of administration of User Accounts registered thereunder. Each User is responsible for maintaining the confidentiality of his or her password and Account. User agrees to notify Customer of any unauthorized use of his/her Account or any breach of security. NetVoyage will not be liable for any loss that a User may incur, or may create, as a result of someone else’s usage of his or her password or Account, either with or without User’s knowledge or assent. User may not use any other User’s Account at any time for any reason. Any access by User to another’s Account, or directly or indirectly permitting another to access User’s Account, by means of impersonation or otherwise will result in the application of remedies described in the related Customer’s NetDocuments Service Agreement.

(c) A User is solely responsible for the content of his/her files, and the Service acts only as a medium for Users’ online creation, editing and distribution of documents. To the best of the User’s knowledge, User agrees not to knowingly use the Service for any purpose that is unlawful or prohibited and not to knowingly use the Service in any manner which could damage, disable, overburden, or impair the Service or network(s), communications equipment or computer(s) connected to the Service, or interfere with any other party's use and enjoyment of the Service, including the distribution of unsolicited bulk messages of a commercial or non-commercial nature. User shall not knowingly attempt to gain unauthorized access to the Service, other Accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means, nor shall User knowingly commit an act or omission that facilitates such activity by another person. User agrees not to knowingly disable or bypass any functionality of the Service. User will not knowingly, nor shall User commit an act or omission that knowingly assists another person’s effort to harvest or otherwise collect information about others, including but not limited to User e-mail addresses for spamming or other purposes.

(d) In the event that NetVoyage is required to discontinue offering the Service, or chooses to discontinue the Service, the sponsoring Customer’s NetDocuments Service Agreement terms shall apply.  Users will coordinate with the sponsoring Customer to facilitate downloading of any needed documents prior to the discontinuation of the Service. Other than this notification, User acknowledges and agrees that NetVoyage has no obligation to User under any circumstances, including but not limited to, migration or assistance to User in migration of files from the Service.

(e) User acknowledges and agrees that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by intellectual property and other applicable laws.  NetVoyage grants User a limited, personal, non-transferable, non-exclusive license, in object code only, to use the NetDocuments WebFolders software, API, and API-generated or derived utilities, documentation or any other NetDocuments software. User agrees not to, for the benefit of User or a third party, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, build a product using ideas, functions, or graphics similar to, transfer, or sell any information, software, products or services obtained from NetVoyage or the Service.

(f) Customer’s employee Users and non-employee Users shall immediately report to Customer any violations of this Terms of Use Agreement it observes.

EXCEPT AS OTHERWISE PROVIDED IN THE NETDOCUMENTS SERVICE AGREEMENT, NETVOYAGE PROVIDES THE SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  IN PARTICULAR, NETVOYAGE DOES NOT GUARANTEE UNINTERRUPTED, SECURE OR ERROR-FREE OPERATION OF NETVOYAGE’S SERVERS FOR THE NETDOCUMENTS SERVICE.  SOME U.S. STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY.  IN NO EVENT SHALL NETVOYAGE BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF NETVOYAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  USER UNDERSTANDS THAT NOTHING IN THIS TERMS OF USE AGREEMENT CREATES FOR NETVOYAGE AN OBLIGATION TO OR RIGHT ON BEHALF OF A THIRD PARTY, AND USER SHALL BE SOLELY RESPONSIBLE FOR ANY THIRD PARTY CLAIMS ARISING FROM USER’S USE OF THE SERVICE.  USE OF THE SERVICE IS AT USER’S SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE RECEIVED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK.  USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM, AND/OR FOR ANY LOSS OF DATA RESULTING FROM USE OF THE SERVICE.  NO INFORMATION OBTAINED FROM NETVOYAGE OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

This Agreement shall be governed in all respects by the laws of the State of Utah, USA. Both parties submit to jurisdiction in Utah, USA and further agree that any cause of action arising under this Agreement shall be brought in a court located in the state of Utah, USA.  If any provision of this Agreement shall be invalid or superseded by the sponsoring Customer’s NetDocuments Service Agreement, the validity of the remaining provisions of this Agreement shall not be affected. User agrees that regardless of any statute or law to the contrary, any claim of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

Designated Agent under 17 U.S.C. §512(c) Receiving Complaints and Infringement Claims.

Pursuant to 17 U.S.C. §512(c), notice is hereby given that the person identified below is designated as NetVoyage’s agent for receiving complaints concerning this website, including for purposes of receiving notification of any claims of intellectual property infringement:

Legal Affairs Department
625 South State Street, Orem, Utah, 84058, USA
(801) 226-6882
legal@netdocuments.com

The Service is powered by NetVoyage Corporation (dba NetDocuments), a Utah, USA corporation, located at 625 South State Street, Orem, UT 84058.
Phone 801.226.6882 (www.netdocuments.com).  Answers to technical questions about the Service are found in Help which is accessed from within the Service.  Any further questions can be submitted using the support request form in Help.  All NetDocuments Services are: Copyright © 1996 - 2010 NetVoyage Corporation d/b/a NetDocuments and are covered by U.S. Patent No. 6,182,080. All rights reserved.

Updated: February 12, 2009