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Mongoliptv.com ("MyCast") makes available for your use on its
websites ("Website" or "Site") information, documents,
software and products (collectively "Materials") and various
services offered by MyCast (each a "Service" and collectively
"Services") subject to the terms and conditions set forth in
this document ("Terms of Service"). By accessing or using
this Site, which includes your access to or use of any
Materials or Services, you agree to be bound by these Terms
of Service. If you do not wish to be bound by these Terms of
Service, you may not access or use the Site, Materials, or
any of the Services. By using the Materials or Service, you
are agreeing to be bound by these Terms of Service.
MyCast may modify the Materials, Services and Terms of
Service at any time without notice and such modifications
shall be deemed effective immediately upon making such
changes. Additionally, when using particular Services or
Materials, you shall be subject to all posted agreements,
guidelines or rules applicable to such Services or Materials
that may contain terms and conditions in addition to those
in the Terms of Service. All such guidelines or rules are
hereby incorporated by reference into the Terms of Service.
MyCast may maintain many different language versions of the
Website, and in the event there is any inconsistency between
the English version of MyCast's Terms of Service, End User

License Agreement or Privacy Policy on the Website and any
other language version, the English version shall be
binding.
SERVICE
Term
Service is offered on a prepaid basis for MyCastPrepaid and
MyCastCallingcard accounts and any balance remaining on such
accounts will expire 120 days from the date of purchase of
your account or your last recharge of such account,
whichever is later. Service is offered on a monthly basis
for all MyCastMonthly accounts for a term which begins on the
date that MyCast activates your Service and ends 30 days
later. For MyCastMonthly accounts, subsequent terms of this
Agreement automatically renew on a monthly basis without
further action by you unless you give MyCast written notice
of non-renewal at least ten (10) days before the end of the
monthly term in which the notice is given. MyCastMonthly
accounts purchase the Service for full monthly terms,
meaning that if you attempt to terminate Service prior to
the end of a monthly term, you will be responsible for the
full month's charges to the end of the then-current term.
Due to our verification process, all funds may not be
available for immediate use.
Consumer
If you have subscribed to one of MyCast's consumer services
(MyCastMonthly, MyCastPrepaid, or MyCastCallingcard), the
Service is provided to you as an individual user, for your
personal, non-business and non-professional use. This means
that you are not using them for any commercial or
governmental activities, profit-making or non-profit,
including but not limited to home office, business, sales,
tele-commuting, tele-marketing, autodialing, continuous or
extensive call forwarding, fax broadcast, fax blasting or
any other activity that would be inconsistent with normal
residential usage patterns. This also means that you are not
to resell or transfer the Service to any other person for
any purpose, or make any charge for the use of the Service,
without express written permission from MyCast in advance.
You agree that your use of the Service, or the use of the
Service provided to you by any other person for any
commercial or governmental purpose will obligate you to pay
MyCast's higher rates for commercial service on account of
all periods, including past periods, in which you use, or
used, the Service for commercial or governmental purposes.
MyCast reserves the right to immediately terminate or modify
the Service, if MyCast determines, in its sole discretion,
that your Service is being used for non-residential or
commercial use.
Business
If you have subscribed to MyCast's Small Business services,
the Service and Materials are provided to you as a small
business user. This means that you are not to resell or
transfer the service or Materials to any other person for
any purpose, without express written permission from MyCast
in advance. You agree that the MyCast's Small Business Plans
do not confer the right to use the service for auto-dialing,
continuous or extensive call forwarding, telemarketing, fax
broadcasting or fax blasting. MyCast reserves the right to
immediately terminate or modify the Service, if MyCast
determines, in its sole discretion, that your Service is
being used for any of the aforementioned activities.
MyCastCallingcard
The MyCastCallingcard service is only accessible from within
the continental United States and is not available from
Alaska, Hawaii, other US Territories or non-US locations.
PAYMENT
MyCast charges you in advance for every Service. For
MyCastMonthly accounts and other recurring accounts
("Recurring Service") MyCast only accepts payments by credit
card. Your initial use of the Recurring Service authorizes
MyCast to charge the credit card account number on file with
MyCast, including any changed information given MyCast if the
card expires or is replaced, for MyCast charges that accrue
during the billing cycle. This authorization will remain
valid until 30 days after MyCast receives your written notice
terminating MyCast's authority to charge your credit card.
Upon payment verification, you may be required to submit
additional documentation establishing your identity and
place of residence in order to have your Service activated.
MyCast may terminate your Service at any time in its sole
discretion, if any charge to your credit card on file with
MyCast is declined or reversed or in case of any other
non-payment of account charges. Termination of Service for
declined card, reversed charges or non-payment leaves you
FULLY LIABLE to MyCast for ALL CHARGES ACCRUED BEFORE
TERMINATION and for charges incurred by MyCast owing to your
non-payment, such as (but not limited to) collection costs
and attorney's fees.
By using the Service, you authorize that any charges
incurred from the use of the Service shall be debited from
your MyCast account. You hereby agree that you are
responsible for payment of all applicable charges on your
call detail report incurred as a result of the use of your
MyCast account for the Service, including but not limited to
the use or misuse by an unauthorized third party, or any
error, accidental use or loss. All funds in your MyCast
account may not be available for immediate use due to our
verification process. MyCast will not offer any refunds or
reimbursements for the purchase price of accounts for the
Services. Any fraudulent action by the user to avoid payment
will be prosecuted to the fullest extent of the law.  If
MyCast suspects fraudulent use of your MyCast debit account,
it may suspend or terminate your MyCast debit account without
notice.
You are responsible for maintaining the confidentiality of
your account number and/or password. You are responsible for
all uses of your account, whether or not actually or
expressly authorized by you. You agree to notify MyCast
immediately, in writing or by calling the MyCast support
line, if you become aware at any time that your Service is
being stolen or fraudulently used.
MyCast recommends that you routinely review your online
account history to ensure its accuracy.
BILLING
If you register for one of our pay services, you agree to be
responsible for payment of all applicable charges incurred
as a result of your use of the MyCast pay services, including
but not limited to the use or misuse by an unauthorized
third party, or any error, accidental use or loss. MyCast
will not offer any refunds or reimbursements for the
purchase price of a calling card account. Call times for
each call are rounded up to the next whole minute and billed
in full minute increments. Per call charges are rounded up
to the next whole cent. All calls for which we receive
answer supervision shall incur a minimum one-minute charge.
MyCast relies on answer supervision to determine whether and
when a call has been answered. Answer supervision is a
signal sent by the carrier connecting the call to indicate
the start of call. Answer supervision is generally received
when a call is answered; however, answer supervision may
also be generated by voicemail systems, private branch
exchanges, and interexchange switching equipment. You must
notify us in writing of any disputed charges within sixty
(60) days of the charges or you will have waived your right
to dispute the charges.
INTELLECTUAL PROPERTY
Trademarks
All corporate names, service marks, logos, trade names,
trademarks, websites and domain names of MyCast (collectively
"Marks") are and shall remain the exclusive property of
MyCast and nothing in these Terms of Service shall grant you
the license to use such Marks.
Copyright
All Services and/or Materials found in the Website are
protected by trademark, copyright, or other intellectual
property laws. Any commercial use of the Services and/or
Materials found on the Website is strictly prohibited,
without the express, prior, written consent of MyCast. Any
reproduction or redistribution of the Services and/or
Materials not in accordance with the terms set forth herein
is expressly prohibited by law, and may result in severe
civil and criminal penalties.
Use of Software
The software that is made available to download from this
Site is the copyrighted work of MyCast and/or its suppliers
and partners. Use of such software is governed by these
Terms of Service and the terms set forth in the applicable
End User License Agreement. You may not reverse engineer,
decompile or otherwise attempt to discover the source code
of the software available on the Website. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.
EXPORT CONTROL LAWS
The export and re-export of MyCast Materials are controlled
by the export laws and regulations of the United States, as
they may be amended from time to time. Accordingly, you
certify that you are aware of and will comply with all
applicable export rules and regulations, including the
responsibility to obtain a license for the export or
re-export of the Materials to any destination requiring such
a license. In addition, the Materials may not be exported or
re-exported (a) into, or to a national or resident of, any
country to which the United States has embargoed goods, or
(b) to anyone on the United States Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders, or (c) any other country
to which the United States prohibits the export of goods,
technology or services or to nationals of those countries,
wherever located. By downloading or using the Materials you
are certifying that you are not a national of one of the
above-listed countries or of any other country to which the
United States embargoes goods, services or technology and
that you are not a person on the Table of Denial Orders, the
Entity List, or the List of Specially Designated Nationals.
YOUR CONDUCT
You agree to use the Materials and Services for lawful
purposes only. You are prohibited from posting on, or
transmitting through, the Site any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful,
discriminatory, or other objectionable material of any kind,
including, without limitation, material that encourages
unlawful conduct. If MyCast believes, in its sole discretion,
that you have engaged in any of the foregoing conduct, MyCast
may, (i) remove such content from the Site; (ii) terminate
or suspend your account or use of the Services and
Materials; and/or (iii) forward the offensive materials,
your communications with MyCast, and your personally
identifiable information to the proper authorities for
investigation or prosecution.
WARRANTIES AND DISCLAIMERS
HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL
ENABLE YOU TO LEAVE MyCast'S SITE. THE LINKED SITES ARE NOT
UNDER THE CONTROL OF MyCast AND MyCast IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MyCast
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND
THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
MyCast OF THE SITE. MyCast AND ITS AFFILIATES DO NOT CONTROL
OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES
AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS".
MyCast DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR
MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH
REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION
PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY,
OR AS TO THE QUALITY OF THE CALL. MyCast SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. MyCast DOES NOT WARRANT THAT THE
SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR
WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES
MyCast WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE
INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS
WILL BE CORRECTED. MyCast DOES NOT GUARANTEE OR WARRANT THAT
THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE
FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER
CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT
PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR
REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR
MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE
RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES,
MATERIALS AND THE INTERNET.
Statements and descriptions concerning the Service, Software
or Materials, if any, by MyCast or MyCast's agents or
installers are informational and are not given as a warranty
of any kind.
NO WARRANTIES, OR LIMITED WARRANTIES, FOR DEVICES
If you purchased a hardware device new from MyCast and the
device included a limited warranty at the time of purchase,
you must refer to the separate limited warranty document for
information on the limitation and disclaimer of certain
warranties. If your device did not include a limited
warranty from MyCast at the time of purchase, you agree that
you accept the device "as is" and that you are not entitled
to replacement or refund in the event of any defect.
EMERGENCY 9-1-1 CALLS
EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE
CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND NEITHER
MyCast NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT
COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR
EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS OR YOUR
FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE MATERIALS OR
SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT WILL MyCast BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON
THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN
IF MyCast OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH, OR HYPERLINKED FROM, THE SITE.
INDEMNITY
You agree to indemnify, defend and hold MyCast, its officers,
directors, employees, agents, shareholders, licensors,
suppliers, business partners and any third party information
providers to the Site, Services or Materials from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from your improper use
of any Services or Materials, or any violation of this
Agreement by you. The provisions of this paragraph are for
the benefit of MyCast and its officers, directors, employees,
agents, shareholders, licensors, suppliers, business
partners and any third party information providers to the
Site, Services or Materials. Each of these individuals or
entities shall have the right to assert and enforce these
provisions directly against you on its own behalf.
TERMINATION
You agree that MyCast, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the
Services or Materials, for any reason, or no reason at all.
MyCast may also in its sole discretion and at any time
discontinue providing the Materials, Services, or any parts
thereof, with or without notice. You agree that any
termination of your access to the Services or Materials may
be effected without prior notice, and acknowledge and agree
that MyCast may immediately deactivate or delete your account
and/or bar any further access to the Services or Materials.
Further, you agree that MyCast shall not be liable to you or
any third-party for any termination of your access to the
Services or Materials.
RETURNS
If you need to return a new hardware device purchased
directly from MyCast, user must obtain a Goods Return
Authorization Number (GRA) from MyCast to set up a return or
exchange by email or by calling the MyCast support line.
Returns will not be accepted without a Pre-Authorized GRA
Number and must be sent back as follows: (i) with a copy of
the proof of purchase and original packaging, (ii) the
contents must be undamaged and in original condition, and
(iii) all documentation and packaging materials must be
returned. Full refunds are given for any hardware devices
purchased directly from MyCast if returned to MyCast within 30
days of the original invoice date and original shipping
charges are non-refundable. If items are returned in a
damaged condition there may be a restock fee or the return
may be refused by MyCast, in its sole discretion. All new
hardware devices sold by MyCast are sold with the
manufacturer's limited warranty; you must refer to the
separate limited warranty document for information on the
limitation and disclaimer of certain warranties. The
warranty period and service varies by manufacturer and such
device. Any items purchased through a third party partner of
MyCast and not directly from MyCast will be subject solely to
the terms and conditions of such third party's return and
warranty policies.
MANDATORY ARBITRATION
Any dispute or claim between User and MyCast arising out of
or relating to the Service or Materials provided in
connection with this Agreement shall be resolved by
arbitration before a single arbitrator administered by the
American Arbitration Association in accordance with its
Commercial Arbitration Rules. The arbitrator's decision
shall follow the plain meaning of the relevant documents,
and shall be final and binding. Without limiting the
foregoing, the parties agree that no arbitrator has the
authority to: (i) award relief in excess of what this
Agreement provides; or (ii) award punitive or exemplary
damages. Judgment on the award rendered by the arbitrators
may be entered in any court having jurisdiction thereof. All
claims shall be arbitrated individually and User will not
bring, or join a punitive or certified class action to
arbitration or seek to consolidate or bring previously
consolidated claims in arbitration. User acknowledges that
this arbitration provision constitutes a waiver of any right
to a jury trial.
GOVERNING LAW; JURISDICTION
These Terms of Service shall be governed and construed in
accordance with the laws of the State of California. You
agree that in any legal action or proceeding between you and
MyCast for any purpose concerning this Agreement, you agree
to submit to exclusive jurisdiction in the state and federal
courts of California and you expressly waive all defenses to
jurisdiction. Any cause of action or claim you may have with
respect to the Site, Services or Materials must be commenced
within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. MyCast's
failure to insist upon or enforce strict performance of any
provision of these Terms of Service shall not be construed
as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to
modify any provision of these Terms of Service. MyCast may
assign its rights and duties under these Terms of Service to
any party at any time without notice to you.
PERSONAL INFORMATION AND PRIVACY
To learn about how MyCast protects your personal information,
refer to our Privacy Policy by clicking here. Please note
that any non-personal information or material sent to MyCast
will generally be deemed NOT confidential.
CHANGES; NOTICE
MyCast may modify these Terms of Service, and the Privacy
Policy at any time by posting such modification on the
Website and such modification shall be deemed effective
immediately upon posting of the modified Agreement. Your
continued access or use of the Service shall be deemed your
acceptance of the modifications. Notice will be considered
received by you, and such changes will become binding on
you, on the date posted to the MyCast Web Site and no further
notice by MyCast is required. You agree to review these
documents regularly as there may be modifications. MyCast may
also make changes to the Website, Materials, and/or Services
at any time without notice

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