MimEcom --Terms of Use of this Website
   


Please carefully read the following terms and conditions of use before you use this MimEcom web site (the "Web Site"). By using this Web Site, you signify that you agree to these terms and conditions of use and any amendments to (the "Agreement"). If you do not agree to these terms of use, do not use the Web Site.

MimEcom reserves the right, at its discretion, to change, modify, add or remove any provisions of this Agreement at any time. If you continue to use the Web Site after the posting of any changes to these terms and conditions, this will signify that you agree to the changes. This Agreement constitutes the entire agreement between you and MimEcom and supersedes any prior agreements, other than as set forth below, between you and MimEcom regarding the use and contents of this Web Site.

If you are also a party to a Services Agreement with MimEcom, both you and MimEcom are bound by the terms of both the Services Agreement as well as this Agreement, except to the extent the duties under the two agreements may conflict. In the event of a conflict in the parties' duties under these agreements, the duties under the Services Agreement shall take precedence.

 

  MimEcom Privacy Policy
   

MimEcom is committed to protecting your privacy. Any information which MimEcom obtains through your use of the Web Site, or through any registration process or otherwise, is subject to our Privacy Policy.

 

  Conduct of User
   

All text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials which are posted on, which appear on, or are disseminated through the Web Site are the sole responsibility of the person who posted such materials on the Web Site. Thus, you are responsible for all such materials that you disseminate or transmit through or by means of the Web Site.

You agree that you shall not use the Web Site in any way to:

(1) post, disseminate or transmit any statements or any other materials which infringe or violate any party's copyright, trademark, trade secret, patent or other proprietary right, including but not limited to using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret in violation of a duty of confidentiality; (2) post, disseminate or transmit any statements or any other materials that are unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, invasive of another's privacy; (3) intentionally or unintentionally violate any local, state, national or international law; (4) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers or otherwise manipulate identifiers to disguise the origin of any statements or any other materials transmitted through the Web Site; (5) post, disseminate or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; (6) disseminate or transmit any statements or any other materials you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; (7) post, disseminate or transmit any viruses or other harmful, disruptive or destructive files, code or programs; (8) interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site; (9) collect or store personal data about other users; (10) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (11) engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; (12) harm minors in any way; (13) engage in any activities intended to withhold or cloak identity or contact information or stalk or otherwise harass another; (14) intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses; (15) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or (16) use the Web Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Web Sites providers, Web sites, chat rooms or the like.

 

  User Materials/Content
   

You acknowledge that MimEcom does not screen materials that users post on the Web Site, but that MimEcom has the right (but not the obligation) in its sole discretion to refuse to post or to move any materials that are available via the Web Site. MimEcom shall have the right to remove any materials from the Web Site that violate these Terms or Use or which MimEcom, in its sole discretion, decides are objectionable. You must evaluate, and bear all risks associated with, the use of any material you post on the Web Site, including the accuracy, completeness, or usefulness of such materials. You acknowledge and agree that MimEcom may preserve all materials posted on the Web Site and may disclose such materials if required to do so by law or if it believes, in good faith, that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MimEcom, its users and the public. You understand that the technical processing and transmission of the Web Site, including any materials you post on the Web Site , may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

If you post materials on the Web Site, or transmit materials using the Web Site, (1) you represent and promise to MimEcom that you have permission to post or transmit such materials; and (2) you grant to MimEcom a worldwide, non-exclusive, perpetual, royalty-free sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such materials (in whole or part) worldwide and /or to incorporate them in other works in any form, media, or technology now known or later developed.

 

  Materials/Content Storage
   

You agree that MimEcom may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space that it will maintain for material disseminated or transmitted through the Web Site. You agree that MimEcom has no responsibility or liability for the deletion or failure to store any messages, communications or other content maintained, disseminated or transmitted through the Web Site.

 

  Policy for Passwords
   

You agree that you will not use another person's password unless you are explicitly authorized by MimEcom to do so. You agree that you will keep your password secret unless you are specifically authorized to provide a visitor's password to another person. MimEcom will not be responsible for any damage and/or injury that may be caused, to you or anyone else, if you do not keep your password secret. MimEcom may monitor the security of your password at any time. If MimEcom finds out that your password is insecure, MimEcom may, in its sole discretion, change your password.

 

  Domestic and International Use
   

You agree to comply with all applicable local laws regarding online conduct and acceptable content, including without limitation, laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

  Termination
   

MimEcom may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any materials you have posted on the Web Site for any reason without prior notice to you. MimEcom shall not be liable to you or to any third-party for any termination of your use of or access to the Web Site. If this Agreement is terminated or your use of or access to the Web Site is terminated, you agree that the provisions of this Agreement regarding Proprietary Rights, Indemnification, Disclaimer or Warranties, and Limitations of Liability shall survive.

 

  Change to or Suspension of the Web Site
   

You agree that MimEcom may, in its sole discretion, and at any time, discontinue, suspend or modify its operation of this Web Site, or any part thereof, temporarily or permanently, without giving you notice. You agree that MimEcom shall not be liable for discontinuing, suspending or modifying the operations of the Web Site.

 

  MimEcom's Proprietary Rights
   

You agree that content which is available through the Web Site, including without limitation, text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third party advertisers of or on the Web Site, may be protected by copyrights, trademarks, Web Site marks, patents or other proprietary rights and laws. Unless you are expressly authorized by MimEcom or the applicable supplier, sponsor or advertiser, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the Web Site or any content (including any software) available through the Web Site.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Web Site, or use of or access to the Web Site.

 

  Warranty Disclaimer
   

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MIMECOM WEB SITE IS AT YOUR SOLE RISK. THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIMECOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MIMECOM DOES NOT WARRANT THAT ITS WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; MIMECOM DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE, THE QUALITY OF ANY PRODUCTS, WEB SITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE OR AS A RESULT OF THE WEB SITE, OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT OF THE WEB SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA WHICH YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH YOUR USE OF THE MIMECOM WEB SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIMECOM OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

  Liability Limitations & Indemnification
   

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MIMECOM OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF MIMECOM OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR, (5) ANY OTHER MATTER RELATING TO THE WEB SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to indemnify, hold harmless and defend MimEcom, its officers, directors, employees, agents, successors, subsidiaries, sub-licensees and assigns from and against any and all claims, damages, losses, costs and liabilities (including reasonable attorneys' fees and court costs) arising out of or related to the use of the Web Site by you or anyone acting under your direction, authority and control, including without limitation the publication, distribution, exhibit or other use of the content posted by you or by anyone using your password. This expressly includes the user's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material posted on the Web Site by a user.

 

  Release
   

You forever release and waive your right, and that of your minor offspring, assigns and successors, to bring suit against MimEcom for any injury or damage allegedly arising from the Web Site or your use of the Web Site including without limitation any injury or damage you may suffer as the result of viewing, uploading or downloading any images or content at the Web Site. Notwithstanding California Civil Code Section 1542, which provides that "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR," you agree to release any and all claims you have or may have against MimEcom as a result of your use and/or continued use of the Web Site, whether known or unknown.

 

  Web Site Links
   

The Web Site, or third parties on the Web Site, may provide links to other sites and/or resources over which MimEcom has no control. MimEcom has no responsibility for and no liability for the availability of such external sites or resources, or for the Content, advertising, products or other materials available through such sites or resources.

 

  Trademark Notices
   

MimEcomTM and the MimEcom logo and other MimEcom product names, service names, slogans or logos referenced in this Website are trademarks of MimEcom. You may not use or display these marks without MimEcom's prior written consent. All other company, product or service names referenced on the Web Site are for identification purposes only and may be trademarks and the property of their respective owners.

 

  Governing Law and Jurisdiction
   

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to conflict of laws provisions. You and MimEcom agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.

 

  Miscellaneous
   

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

You agree that any claim or cause of action arising out of your use of the Web Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

Any failure by MimEcom to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.