Privacy and Acceptable Use Policies

 MOBEX Privacy Policy  (11/21/2012)

Mobex, Inc. (“Mobex” or “we”) provides complete business communications solutions – including IP voice (VoIP), hosted VoIP, data and managed network services including our Mobile IP  all supported by our 24/7/365 customer service. To learn more about Mobex, please see “How can you contact us?” below.

We make the security and confidentiality of the personal information that you provide to us a high priority. We understand the trust that you give us when you provide information to us.

Please read our Privacy Policy carefully before you submit your personal information to our Web sites. By visiting our Web sites, including but not limited to www.Mobex.biz you accept our Privacy Policy.

Mobex may update this Privacy Policy in the future. We will notify our customers about material changes to this Privacy Policy by either sending a notice to the email address you provide to us or by placing a prominent notice on our Web sites.

What Information Do We Collect From You?

General

We receive and store any information you enter on our Web sites or give to us any other way. This includes information that identifies you (“personal information”), including your first and last name, telephone number, postal and email addresses, user name(s) and password(s), if applicable. We also may request information about your communications needs and preferences. You can choose not to provide information, but we may require some information about you to use our Web sites as intended. We also may require some personal information to answer your questions or conduct other transactions on our Web sites.

Automatic Information

We automatically collect some information about your computer when you visit our Web sites. For example, we collect session data, including your IP address, Web browser software, and referring Web site. We also may collect information about your online activity, such as content viewed and pages visited. We collect this automatic information to help us understand the interests of our customers and visitors and customize your user experience, among other things.

Cookies and Other Web Technologies

Cookies are small data text files that, if your Web browser permits, can be stored on your computer’s hard drive. Mobex.biz and its Web sites use cookies:

To help us recognize your Web browser as a previous visitor and save and remember any preferences set while your Web browser visited our Web sites. For example, if you register on our Web sites, we may use cookies to remember your registration information so you do not need to log into our Web sites each time you visit. We also may save your password in a cookie, if you checked the box entitled “Save this password for automatic sign-in” (or other similar words). Please note that we encrypt for security purposes customer IDs, passwords, and any other account-related data included in cookies.

To help us customize the content, Web site experience, and advertisements provided to you on our Web sites and on other Web sites across the Internet. For example, when you access a web page, a cookie automatically recognizes your Web browser as you navigate on the Internet and presents you with information and advertising based on your apparent interests.

To help measure and research the effectiveness of the features, offerings, advertisements, and email communications (by determining which emails you open and act upon) of our Web sites.

The Help portion of the toolbar on most Web browsers will tell you how to prevent your Web browser from accepting new cookies, have the Web browser notify you when you receive a new cookie, or disable most cookies. However, you may not be able to access some tools and features offered on our Web sites if you refuse to accept cookies.

Our Web sites also may use Web beacons (also known as clear gifs, pixel tags or Web bugs). These Web beacons are tiny graphics with a unique identifier, similar in function to cookies, that we place in the code of a Web page. Web beacons allow us to monitor the traffic patterns of users from one page within our Web sites to another, deliver or communicate with cookies, understand whether you have come to our Web sites from an online advertisement displayed on a third-party Web site, and improve the performance of our Web sites. We also may allow our service providers to use Web beacons to help us understand which emails recipients have opened and track the visitor traffic on our Web sites.

Information from Other Sources

We also may periodically obtain both personal and non-personal information about you from affiliated entities, business partners and third parties and add it to other information about you. For example, if you visit Mobex by “clicking-through” from a site operated by one of our business partners, and you have registered with that partner, then the partner may share with us information about you that you have provided to that partner. For example, we may receive your contact information and demographic information. If you access third party services, such as social media services, through our Web sites, we also may collect information such as your user name, password, and other information made available to us through those third party services.

Information About Others

If you have the opportunity to provide contact information for other people or businesses through our Web sites, you should obtain their consent before you provide their personal information to us.

Display of Advertising and Your Choices Data collected to serve you with relevant advertising

We want to provide you with relevant content and information across our Web sites. We may collect information about your communications-related searches and use this information to serve you with advertisements on our Web sites (or elsewhere on the Internet) that match your apparent communications- related interests.

We do not share your personal information (such as your email address) with unaffiliated third parties so they can serve advertisements to you.

Many of the advertisements you see on our Web sites are served by Mobex or its service providers. However, we also allow third parties to collect information about your online activities through cookies and other technologies. These third parties include (i) advertising networks, who collect information about your interests when you view or interact with one of the advertisements they place on many different Web sites on the Internet; and (ii) our business partners, who collect information when you view or interact with one of their advertisements on our Web sites. These third parties gather this information to predict your characteristics, interests or preferences and to display advertisements on our Web sites (and across the Internet) tailored to your apparent interests.

We do not have access to or control cookies or other technologies these third parties may use to collect information about your interests; our Privacy Policy does not cover either these third parties or their information practices.

How do we use your information?

Mobex may use the information we collect about you for a variety of purposes, including: the registration and management of your account, including the facilitation of your access to and use of our Web sites; communication with you, including to provide information about Mobex and invitations from Mobex; responses to your questions and comments; the measurement of your interest in our products, services, and Web sites, as well as the improvement of our products, services, and Web sites; notifications about special offers and products or services available from us or our partners that may interest you; the customization of your experience with Mobex; the solicitation of information from you, including through surveys; the resolution of disputes and troubleshooting of other problems; the prevention of potentially prohibited or illegal activities; the enforcement of our Terms of Use; and as otherwise described to you at the point of collection.

You will not give, lend or otherwise disclose any passwords or other similar user identifications to any unauthorized person, or permit any unauthorized person to use your account(s) or related passwords or user identifications. Any loss of control of passwords or other similar user identifications may result in the loss of control over your information. You will be responsible for any actions taken on your behalf or any person using your passwords or other similar user identifications. You must immediately change any passwords or other similar user identifications and notify us immediately if any passwords or other similar user identifications have been compromised.

Please review “What choices do you have regarding the collection and use of your information?” below.

How do we utilize Customer Proprietary Network Information?

Some information related to certain communications services that we provide to you constitutes Customer Proprietary Network Information (“CPNI”). For example, CPNI includes to whom, where and when you make calls. Specific federal laws and regulations protect CPNI. We are committed to full compliance with these federal laws and regulations through our Web sites and in all other respects. We only will share or disclose your CPNI without your consent (i) to initiate, render, bill and collect for our communications services provided to you; (ii) to protect you, Mobex or other carriers from fraudulent or illegal use of, or subscription to, our products and services; (iii) to protect our rights or property; (iv) to provide your call location information in certain specified emergency situations, if applicable; (v) to market to you services or products among the categories of services or products to which you currently subscribe; and (vi) for other purposes permitted by law.

How do we use any feedback you may provide?

Any anonymous data that you send to us such as your questions, suggestions, ideas or other creative material belongs to us and we will not treat it as confidential. We may adapt, disclose, display, distribute, reproduce, use, or create derivative works from any such information without acknowledgment of you or compensation to you.

How do we share your information?

Mobex may share your information with others:

We may offer products or services with business partners. You can tell when a third party is involved in a product or service you have requested because their name will appear either with ours or separately. If you choose to use these products or services, we may share information about you, including your personal information, with those business partners. We do not control the privacy practices of these third-party business partners and our Privacy Policy does not cover either these third parties or their information practices.

If you were referred to one of our Web sites from a third party’s Web site, we may share your registration information, such as your name, email address, mailing address, telephone number and preferences, about you with that referring Web site. We have not placed limitations on the referring Web sites use of personal information and we encourage you to review the privacy policies of any Web site that referred you to one of our Web sites. Our Privacy Policy does not cover either these third parties or their information practices.

You can choose to access certain third party social media Web sites and services through our Web sites. When you do so, you share information with those sites and their privacy policies will govern the information you share with them. Our Privacy Policy does not cover either these third parties or their information practices. You may be able to modify your privacy settings with these third party social media Web sites.

We may use third party vendors to provide various services or functions on our behalf, including business analytics, customer service, marketing, distribution of surveys, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf to operate features of our Web sites or facilitate the delivery of online advertising tailored to your interests, among other reasons. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.

We also may share your information:

In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. We reserve the right to raise or waive any legal objection or right available to us in any such cases.

When we believe it is necessary to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Mobex, our customers, or others; and in connection with our Terms of Use and other agreements, subject to applicable law, including those governing the use and disclosure of CPNI.

To obtain a credit report.

In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Except as described above, we will notify you when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our Web sites receive. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

How you can update and revise your information?

We take reasonable steps to ensure that your information is relevant, accurate, and complete. . Your use of our services available through our Web site may permit you to update or revise your personal information through our Web site. If you remove certain information from your account(s), we only will retain those copies of such information as necessary for us to comply with governmental orders, resolve disputes, troubleshoot problems, enforce any agreement that you have entered into with us, and as we otherwise deem reasonably necessary.

What choices do you have regarding the collection and use of your information?

You can choose not to provide us with any information, although it may be needed to take advantage of certain features offered on our Web sites.

You also can revise or update information as described above.

Whether registered as a Mobex customer or not, you also may unsubscribe from promotional messages in any email we send. We reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your Mobex account, without offering you the opportunity to opt out of receiving them.

Email Communications. Mobex.com wants to make it easy for you to take advantage of opportunities on our Web sites. We do this is by sending you email messages that contain information about your apparent communications-related interests. We believe these email messages will provide you with useful information about special offers available through our Web sites. You will have the opportunity to choose not to receive these email messages in any email we send.

The Help portion of the toolbar on most browsers will tell you how to prevent your Web browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from Mobex, you may not be able to access portions of our Web sites.

How do we protect your information?

We want you to feel confident about using Mobex, and we commit to protecting the information we collect. While no Web site can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, we permit only authorized personnel to access personal information, and they only may do so for permitted business functions. We also use encryption when transmitting your personal information between your system and ours. We also employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information. However, we make no guarantee, representation or warranty that use of our Web sites is protected from all security threats, viruses, or other vulnerabilities or that your information always will be secure.

How do we protect children’s privacy?

Mobex is a general audience site and does not offer services directed to children. Should an individual whom we know to be a child under age 13 send personal information to us, we will delete or destroy such information as soon as reasonably possible.

Does our Privacy Policy apply to external links?

If any part of our Web sites links you to other Web sites, those external Web sites do not operate under this Privacy Policy. We recommend that you examine the privacy statements posted on those other Web sites to understand their procedures for collecting, using, and disclosing personal information.

How does our Privacy Policy apply if you visit our Web sites from outside the United States?

If you visit our Web sites from outside the United States, your information may be transferred to, stored, and processed in the United States where our servers are located and where we operate our databases. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. However, Mobex takes steps pursuant to laws in the United States to protect your privacy. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

Do you have additional rights under California law?

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email support@Mobex.biz.

How can you contact us?

If you have questions about this Privacy Policy, please contact us at: support@Mobex.biz

Mobex, Inc.

400 N. Ashley Dr.  2nd floor

Tampa, FL 33602

Attention: Customer Care

 

Acceptable Use Policy   (11/21/2012)

This Acceptable Use Policy (“AUP” or “Policy”) describes actions by Users that are prohibited by Mobex, Inc. and its affiliates and subsidiaries (“Mobex”). “Users” means any user or Customer of any and all Mobex provided services (“Service” and/or “Services”) that are provided by Mobex pursuant to any applicable customer agreement, including, without limitation, any applicable terms of service and/or supplements to any applicable agreement(s) (which Users must accept as a condition to receiving any Services from Mobex).

This Acceptable Use Policy is subject to change from time to time with such changes effective upon posting at www.Mobex. Mobex encourages Users to review this Policy regularly.

1. Services may be used only for lawful, proper and appropriate purposes.

2. Users must use any Services only in a manner that, in Mobex’ sole discretion, is consistent with the purposes of such Services. Users will not engage in any legal or illegal activity that either (i) harms Mobex, the network operated by Mobex, the Services and/or any User, or (ii) interferes with the network operated by Mobex and/or the provision or use of the Services by Mobex or any User.

3. Services may not be used for illegal, improper, and/or inappropriate purposes.

a. Illegal purposes include, but are not limited to:

i. using any Service to violate any law, rule, or regulation; or

ii. engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior.

b. Improper and/or inappropriate uses include, but are not limited to:

i. posting multiple messages similar in content to Usenet or other newsgroups, listservs, forums, e-mail mailing lists or other similar groups or lists;

ii. calling, messaging, storing, posting or transmitting harassing, threatening or abusive materials, e-mail or information;

iii. posting or transmitting any information or software that contains a virus worm, cancel-bot or other harmful component;

iv. without permission from the owner of a system or network, doing any of the following: (a) accessing the system or network, (b) monitoring data or traffic, (c) probing, scanning, and/or testing firewalls, (d) testing the vulnerability of a sys tem or network or (e) breaching the security or authentication routines of a system or network;

v. conducting or forwarding surveys, contests, pyramid schemes, charity requests or chain letters;

vi. relaying e-mail in an anonymous fashion or forging any TCP-IP packet header;

vii. mailbombing, flooding, overloading, attacking or otherwise interfering with a system or network;

viii. sending unsolicited calls, messaging, e-mailings (including, without limitation, commercial advertising and informational announcements) if such unsolicited activities could reasonably be expected to or do in fact provoke complaints;

ix. operating a server in connection with the Services in an “open relay” configuration (a configuration whereby a mail server processes email messages where neither the sender nor the recipient is a local user);

x. falsifying User or other identifying information provided to Mobex or to other Users of the Services;

xi. use of any Services in violation or any trademark, copyright, or any other intellectual property protection law or provision, or AUP policy of any third party provider;

xii. use of any Services for the purposes of engaging in an activity in connection or conjunction with any pornographic and/or adult entertainment industry purpose, regardless of whether such activity is lawfully permitted;

xiii. auto-dialing or predictive-dialing (sometimes referred to as”robo-dialing”);

xiv. continuous or extensive chat line or conference call participation,

xv. use of free conference calling or similar services that Mobex in its sole discretion deems to participate in traffic stimulation practices or schemes that result in excessive charges;

xvi. use of an open telephone line as a monitoring, intercom or similar service;

xvii. repetitive and/or continuous messaging or calling to the same destination or number if such activity could reasonably be expected to or in fact does provoke complaints;

xviii. long duration calls (defined as calls to the same number in excess of four continuous or cumulative hours within a 24 hour period) and/or calls placed to specific numbers / destinations for the purpose of generating charges or fees for or with a third party;

xix. use of call Services which do not consist of uninterrupted live human voice dialog by and between natural human beings;

xx. restricting or inhibiting any other User or any other person from using and enjoying the Services and/or the Internet; or

xxi. engaging in any of the foregoing activities by using the services of another provider or third party and channeling such activities through an account provided by Mobex, or otherwise involving the Services or any Mobex account in any way with or without another provider or third party for the purpose of facilitating the foregoing activities.

Remedies:

1. Mobex reserves the right, at its sole discretion, to determine if a Service is being used for any of the foregoing purposes or activities.

2. Violation of this Policy may result in civil or criminal liability, and Mobex in its sole discretion, in addition to any remedy that it may have at law or in equity, may immediately terminate permission for the User to use the Services, or any portion of the Services, and may charge User any applicable rates and cancellation or termination fees. In addition, Mobex may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to Mobex stating that they have been harmed by a User’s failure to abide by this Policy or the policies listed above. Mobex may bring legal action to enjoin violations and/or collect damages caused by any violation of any part of this Policy.

3. Any violations or attempted violations of this Policy by any User (or any third party on behalf of any User) will constitute a violation of this Policy by the User and a material breach of any applicable customer agreement, including, without limitation, any applicable terms of service and/or supplements to any applicable agreement(s).

4. Mobex’ failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Mobex’ rights.

5. IN NO EVENT WILL MOBEX BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ACTIONS TAKEN OR NOT TAKEN PURSUANT TO THIS POLICY, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, OR OTHERWISE, EVEN IF MOBEX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY IN FAVOR OF MOBEX IS IN ADDITION TO ANY LIMITATIONS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN MOBEX AND ANY APPLICABLE USER AND WILL APPLY WHETHER THE ACTION IN WHICH RECOVERY IS SOUGHT IS BASED IN CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR ANY APPLICABLE LAWS.

Customer Agreements:

1. Nothing in this Policy will limit or be deemed a waiver of any rights or protections of Mobex pursuant to any written agreement between Mobex and any applicable User. This Policy will be read in connection with any such written agreement and not in conflict with any such agreement. This Policy, in connection with any such agreement, supersedes any other oral or written representations or agreements made by Mobex and/or its representatives regarding the Services.

2. Subject to any arbitration, forum or choice of law provisions of any written agreement between Mobex and any applicable User, (i) this Policy will be governed by, construed under and enforced in accordance with the laws of the State of Florida without reference to its choice of law principles or the United Nations Convention on the International Sale of Goods; and (ii) in the event any party brings a civil action or initiates judicial proceedings of any kind related to this Policy (except for actions to enter or collect on judgments), Users consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Pinellas County, Florida.

3. If any provision of this Policy is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Policy will not be affected thereby.

Recurring Payments:

1. A Recurring Payment is a payment in which you (as a buyer or a sender of funds) provide an advance authorisation to a third party (such as a merchant or Mobex) for a third party initiated payment, that is a charge to your PayPal account or credit or debit card where you do not have a PayPal account (“Nominated Payment Source”) directly on a one-time, regular, or sporadic basis. Recurring Payments are sometimes called “Subscriptions”, “Automatic Payments”, “Preapproved Payments” or “Future Payments”. By providing an advanced authorisation for a Mobex initiated payment, you are giving Mobex the ability to collect or reverse variable payment amounts from your Nominated Payment Source until such time as this arrangement is cancelled.