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/neweb2/
(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
