Effective July 24, 2014 for current users, and upon
acceptance for new users.
This Agreement is between you ("you" or "your"), as an
authorized user of the Services (as defined below), and j2 Cloud
Services, Inc. ("j2 US"), a Delaware corporation, and/or j2
Global Ireland Limited ("j2 Ireland"), an Irish corporation (each,
the "Company"), as specified in the following paragraph, and governs
the terms and conditions of your use of the Services. By using the
Services, you further confirm your acceptance of and agree to be
bound by this Agreement.
Your Services are provided to you and you are legally a
customer of (i) j2 US if you are issued a Service telephone number
that is local to the U.S. or Latin America and (ii) j2 Ireland if
you are issued a Service telephone number that is outside of the
U.S. and Latin America. You will receive your billing statements,
however, from j2 US if you reside in the U.S. or Latin America and
from j2 Ireland if you reside outside of the U.S. and Latin
America.
This Agreement includes the terms of this Customer Agreement
together with any operating rules, policies, price schedules or
other supplemental documents expressly incorporated herein by
reference and published from time to time by the Company. This
Agreement constitutes the entire agreement between the Company and
you regarding the Services, and supersedes all prior oral and
written communications and agreements between you and the Company
regarding the subject matter of this Agreement. However, your use
of any software provided by the Company related to the Services
shall be pursuant to a separate agreement governing use by you of
such software.
For purposes of this Agreement, the "Services" include the
eFax® service and all other services described in this Agreement
which are provided by the Company to you either now or in the
future.
For Canadian Customers: Please note that when you place an
order to purchase on the eFax Website (as defined herein), it
constitutes an offer to purchase and remains subject to the Company's
acceptance. Goods or services listed or described on the
eFax® Website constitute an invitation to make an offer to
purchase.
If you begin but fail to complete the sign up process for
the Services, the Company may contact you in an effort to help you
sign up for the Services or another service of the Company or its
affiliates. You hereby authorize the Company and its affiliates to
make such contact, even if you ultimately determine not to sign up
for any the Company or affiliate service.
1. Services Description.
The Company offers the Services at its website www.eFax.com
(together with other websites owned and operated by the Company, the
"eFax Website"). Individually, the Services are:
- eFax Pro™ is designed for higher volume Internet fax use
and includes but is not limited to: (i) a personal geographical
or toll-free telephone number (an "eFax Number") that provides
for the delivery of faxes and voicemail messages to email, the
eFax® Website or software applications provided by the Company; and
(ii) outbound faxing from email, the eFax Website or software
applications provided by the Company.
- eFax Plus® includes but is not limited to: (i) an eFax
Number that provides for the delivery of faxes and, optionally,
voicemail messages to email, the eFax® Website or software
applications provided by the Company in volumes greater than the
eFax Free service described below; and (ii) outbound faxing from
email, the eFax Website or software applications provided by the Company
- eFax Free® includes but is not limited to a geographic,
remote eFax Number that provides for the delivery of a limited
number of faxes to email, the eFax® Website or software
applications provided by the Company.
- Various other services and features included in the eFax
Pro™, eFax Plus® and eFax Free® services as described further in
this Agreement.
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2. eFax Service Usage Terms.
(a) Usage terms for the various tiers of eFax service are as follows:
(1) eFax Pro:
If you registered for the eFax Pro service on or after May 31, 2011:
You may receive up to 200 fax pages
(inbound) and may send up to 200 fax pages (outbound) within any
thirty (30) day period, regardless of whether you are issued a
local or a toll-free eFax Number. Faxes received in excess of the
inbound 200 page limit are charged at $0.10 (or the local
currency equivalent) per page and faxes sent in excess of the
outbound 200 page limit are charged at the applicable per page
rate listed at the eFax Website. See paragraph (b) below for the
definition of an outbound fax page.
If you registered for the eFax Pro service prior to May 31, 2011:
If you were issued a local (non-toll free) eFax Number, you may
receive up to 200 fax pages (inbound) within any thirty (30) day
period. Faxes received in excess of the inbound 200 page limit
are charged at $0.10 (or the local currency equivalent) per page.
Faxes sent (outbound) are charged at the applicable per page rate
listed at the eFax Website starting with the first page sent. See
paragraph (b) below for the definition of an outbound fax page.
If you were issued a toll free eFax Number, you will be
charged $0.20 (or the local currency equivalent) per page
received (inbound) starting with the first page received and will
be charged the greater of $0.20 or the applicable per page rate
listed at the eFax Website for each page sent (outbound) starting
with the first page sent. See paragraph (b) below for the
definition of an outbound fax page.
(2) eFax Plus:
If you registered for the eFax Plus service on or after May 31, 2011:
You may receive up to 150 fax pages
(inbound) and may send up to 150 fax pages (outbound) within any
thirty (30) day period, regardless of whether you are issued a
local or a toll-free eFax Number. Faxes received in excess of the
inbound 150 page limit are charged at $0.10 (or the local
currency equivalent) per page and faxes sent in excess of the
outbound 150 page limit are charged at the applicable per page
rate listed at the eFax Website. See paragraph (b) below for the
definition of an outbound fax page.
If you registered for the eFax Plus service prior to May 31, 2011:
If you were issued a local (non-toll free) eFax Number, you may
receive up to 130 fax pages (inbound) and may send up to 30 fax
pages (outbound) within any thirty (30) day period. Faxes
received in excess of the inbound 130 page limit are charged at
$0.15 (or the local currency equivalent) per page and faxes sent
in excess of the outbound 30 page limit are charged at the
applicable per page rate listed at the eFax Website. See
paragraph (b) below for the definition of an outbound fax page.
If you were issued a toll free eFax Number, you will be
charged $0.20 (or the local currency equivalent) per page
received (inbound) starting with the first page received and will
be charged the greater of $0.20 or the applicable per page rate
listed at the eFax Website for each page sent (outbound) starting
with the first page sent. See paragraph (b) below for the
definition of an outbound fax page.
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(b) Definition of Outbound Fax Page and Associated Outbound Terms:
Most fax pages take less than sixty (60) seconds to transmit.
However, for each outbound transmission, the number of pages sent
is calculated based on the greater of the actual number of pages
or the number of full and partial 60-second increments of
transmission or connection time, whether or not the transmission
occurs or is completed (such as instances when someone answers the
call or transmission is interrupted before completion). For
example, a one page fax with a transmission duration of 30 seconds
is recognized as one page and a one page fax with a transmission
duration of one minute and six seconds is recognized as two pages.
The number of outbound fax pages referenced in paragraph
(a) of this Section 2 as included in the tiers of eFax service is
administered by applying a monthly outbound usage credit to your
account and assumes that each outbound page is sent to a
destination with an applicable per page rate of $0.10 (or the
local currency equivalent). Therefore, your number of included
outbound fax pages for a given thirty (30) day period may be less
than the number specified for your tier of eFax service referenced
in paragraph (a) of this Section 2 if you send to destinations
with applicable per page usage rates in excess of $0.10 per fax
page. For example, if your service tier includes 30 outbound fax
pages per thirty (30) day period, then an outbound service credit
of $3.00 (or the local currency equivalent) will be applied to
your account. If you send a 5 page fax to a destination with an
applicable per page usage rate of $0.10, then your usage credit
will decrease by $0.50 to $2.50. If you then send a 5 page fax to
a destination with an applicable per page usage rate of $0.20,
then your usage credit will decrease by an additional $1.00 to
$1.50.
Unused inbound or outbound Services
credits are valid in the month issued and expire at the conclusion
of each applicable thirty (30) day period. Inbound or outbound
Services credits have no cash value. Such credits do not roll over
to the next thirty (30) day period, and you will receive no cash
refund in the event any unused inbound or outbound Services
credits remain in your account upon termination or closure of your
account.
(3) eFax Free Service Usage Terms:
You may receive up to 10 fax pages (inbound) within any thirty
(30) day period. Your eFax Number is not local to your location
and is selected by the Company in its discretion. You will not be
able to select or change your eFax Number unless you upgrade to an
eFax Pro or eFax Plus account.
The Company
provides the eFax Free service as an accommodation to you, and
reserves the right to terminate your eFax Free service at any time
without notice.
In the event you receive more
than ten (10) fax pages in any thirty (30) day period, the Company,
in its sole discretion, may offer to upgrade you to an eFax Pro or
eFax Plus account or may terminate or suspend your eFax Free
account with or without notice. Any failure by the Company to
enforce the eFax Free fax page limit will not preclude the Company
from later enforcing such limit, whether for past or current
activity.
Unused inbound Services credits are
valid in the month issued and expire at the conclusion of each
applicable thirty (30) day period. Inbound Services credits have
no cash value. Such credits do not roll over to the next thirty
(30) day period, and you will receive no cash refund in the event
any unused inbound Services credits remain in your eFax Free
account upon termination or closure of your eFax Free account.
The eFax Free fax page limitations may not be applicable with
respect to eFax Numbers located in the following countries with
the following prefixes and any other eFax Numbers as determined by
the Company in its discretion:
- Austria: (0) 820.
- Belgium: (0) 70.
- France: (0) 820, (0) 821, (0) 825 or (0) 0826.
- Germany: (0) 1805.
- Ireland: (0) 818.
- Italy: (0) 199.
- Netherlands: (0) 84.
- United Kingdom: (0) 70
Each customer, whether an individual or company, is limited to a
single eFax Free account. If you or your company desire more than
one eFax Number, then you must, and you agree to, upgrade to an
eFax Pro or eFax Plus account.
Notwithstanding
our Privacy Policy, the Company has the right to disclose your email
address to the owner of the website domain associated with your
email address in order to monitor compliance with and enforce the
eFax Free service limitations. In addition, the Company is permitted
to audit your use of the eFax Free service and any associated
software by providing no less than five (5) days prior written
notice of its intention to conduct such an audit at your
facilities during normal business hours. If the Company ultimately
determines, in its sole discretion and whether or not it has
conducted an audit, that you have violated the foregoing
limitations on the eFax Free service or any associated software,
the Company reserves the right to immediately terminate or suspend
your Services. You agree to pay the Company the amount you would
have been required to pay for eFax Plus during the period of your
non-compliance with the eFax Free service limits specified herein,
plus the Company's cost of conducting any audits that, in the Company's
sole discretion, reveal non-compliance.
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3. Fax Storage.
While your account is active, fax messages received via your
eFax Number will be stored and displayed in your eFax Message
Center. If you are subscribed to the eFax Pro or eFax Plus
service, you may choose to disable this feature by adjusting your
user preferences. If you are subscribed to the eFax Free service,
storage is limited to thirty (30) days after the fax is received.
Regardless of your level of service, you acknowledge that the Company
may cease offering this feature or change its practices
and/or limitations concerning this feature at anytime, including,
without limitation, changing the maximum number of days that fax
messages will be retained, the maximum number of messages stored
at any one time and the maximum storage space allotted on the Company's
servers on your behalf. You further agree that the Company
has no responsibility or liability whatsoever for any failure or
malfunction of this feature, whether or not such failure prevents
you from utilizing the feature, including but not limited to the
storage or deletion of any faxes.
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4. Searchable Faxes.
If your eFax Number is located in the U.S. or Latin America,
the Company will scan, perform optical character recognition and
index the text of fax messages received via your eFax Number. The
indexed text of these faxes will be searchable in your eFax
Message Center (unless you disable this feature in your user
preferences) for as long as the faxes are stored there. You
acknowledge that the Company may cease offering this feature or
change its practices and/or apply limitations concerning this
feature at anytime. You further agree that the Company has no
responsibility or liability whatsoever for any failure or
malfunction of this feature, whether or not such failure prevents
you from utilizing the feature, including but not limited to the
searching or indexing of or failure to search or index any faxes.
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5. Email Capabilities.
If your eFax Number is located in the U.S. or Latin America, you
will receive a free www.123mail.net email account, which can be
accessed online through the eFax Message Center and is subject to
the terms of use located at 123mail.net / terms
If you are an eFax Pro or eFax Plus customer, your email
service will include greater storage than accounts issued to eFax
Free subscribers and will also include spam filtering and virus
scanning which is not offered to email accounts issued to eFax
Free subscribers.
You acknowledge and agree that the Company has no
responsibility or liability whatsoever for your use of this email
feature and that the Company may discontinue or change the terms
under which this email feature is provided to you at any time,
including, without limitation, changes in the maximum size of
emails that may be received, changes in the maximum storage space
available for email storage and changes to or elimination of spam
filtering or virus scanning.
By using this feature, you acknowledge and agree: (i) to
assume sole responsibility for the content of any emails
transmitted; and (ii) to assume any liability arising from your
transmission of, and/or any third party’s receipt of, your emails.
The Company disclaims any liability or responsibility for any
failure or malfunction of this feature, whether or not such
failure prevents you from utilizing the feature, including but not
limited to: an error in the email transmission or receipt process;
deletion of or failure to store any emails; non-receipt of emails;
broken or non-functional links to emails; any viruses received
through this feature.
In the event that the Company, in its sole discretion,
determines or suspects that any emails sent or received through
this feature constitute, or may give rise to, a violation of any
law or regulation or this Agreement, or you are otherwise in
breach of any provision of this Agreement, the Company reserves the
right to remove your emails and/or to deactivate links to emails
without further notice to you.
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6. Large File Send.
If your eFax Number is located in the U.S., you are provided
a feature that enables you to provide third parties access over
the Internet to files that are too large to send by email (“Large
File Send”). Large File Send is available through the eFax Website
upon login. Files can be uploaded, recipient email addresses added
and upon submission recipients receive an email with a link to
access the transmitted files.
Features of Large File Send vary by tier of eFax service as
follows:
eFax Pro and eFax
Plus Subscribers: You may upload a maximum of one cumulative
gigabyte per each Large File Send submission (in a single file, or
a combination of multiple files). You may designate up to twenty
(20) recipients per submission. After submission, the system will
email your recipients a link to the uploaded files. You may only
access the uploaded files if you designate yourself as a
recipient. Each recipient may download the transmitted file(s) a
maximum of five (5) times over a period of thirty (30) days from
your original submission.
eFax Free
Subscribers: You may upload a maximum of 100 cumulative megabytes
per each Large File Send submission (in a single file, or a
combination of multiple files). You may designate up to five (5)
recipients per submission. After submission, the system will email
your recipients a link to the uploaded files. Each link recipient
may download the transmitted files a maximum of three (3) times
over a period of ten (10) days from your original submission. You
may only access the uploaded files if you designate yourself as a
recipient.
You acknowledge and agree that Large File Send is provided
to you as a convenience only. Furthermore, you acknowledge that
links to files uploaded through Large File Send are public and
non-secure, in that such links may be forwarded freely to any
third party by your designated recipients, or forwarded by other
third parties whom you did not designate. For that reason, the Company
assumes no responsibility for the security, confidentiality
or privacy of files uploaded via this feature.
By using this feature, you acknowledge and agree: (i) to
assume sole responsibility for the content of any files uploaded,
hosted and/or transmitted; and (ii) to assume any liability
arising from your transmission of, and/or any third party’s
receipt of, your uploaded files, even if you did not designate the
recipient in your original Large File Send submission.
The Company further disclaims any liability or responsibility
for any failure or malfunction of this feature, whether or not
such failure prevents you from utilizing the feature, including
but not limited to: an error in the Large File Send submission
process; deletion of or failure to store any uploaded files;
non-receipt of requested notification emails; broken or
non-functional links to files that you may have uploaded; or
rejection of your files for any reason, including due to a virus
in one of your files.
The Company may discontinue or change the terms under which
this feature is provided to you at any time, including, without
limitation, changes in the maximum number of days that uploaded
files are retained, the maximum cumulative upload size of each
submission, the maximum number of uploaded files stored at any one
time and/or the maximum storage space that will be allotted on the Company's
servers to store your uploaded files.
In the event that the Company, in its sole discretion,
determines or suspects that any uploaded file(s) constitute(s), or
may give rise to, a violation of any law or regulation or this
Agreement, or you are otherwise in breach of any provision of this
Agreement, the Company reserves the right to remove your stored
file(s) and/or to deactivate links to stored file(s) without
further notice to you.
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7. Multiple Service Discount.
If you are a current subscriber to at least one paid service
of the Company or an affiliated company at standard (non-discounted)
pricing (a “Qualifying Service”), the Company or an affiliated
company may offer, in its sole discretion, a subscription to one
or more additional paid services at a discount (each a “Discounted
Service”). This discount would only be available for new
subscriptions to a Discounted Service, and specifically not to the
purchase of additional quantities or different service tiers of
existing service subscriptions.
In addition, if you are an existing subscriber of one the Company
or affiliated company Internet fax service, you would not
be eligible for a discount by subscribing to a different brand of
the Company or affiliated company Internet fax service. For example,
no discount would be available by adding additional eFax Numbers
to an existing eFax account, or by upgrading from the eFax Plus to
the eFax Pro tier of service.
The Company, in its sole discretion, reserves the right to
eliminate the discount described in this section: (a) immediately
and without notice upon cancellation of any Qualifying Service, or
(b) at anytime upon notice for any other reason whatsoever.
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8. Privacy Policy.
The Company is dedicated to establishing trusting
relationships with you and all of its customers, based on respect
for personal identity and information. The Company’s current Privacy
Policy is available at www.efax.com/privacy. If the Company decides
to change its privacy policy, an updated version will be posted on
the eFax Website, and other places the Company deems appropriate, so
that you and our other customers are always aware of what
information the Company collects, how the Company uses it and under
what circumstances, if any, the Company discloses it. The Company will
use information in accordance with the Privacy Policy. If,
however, the Company is going to use your personally identifiable
information in a manner materially different from that stated at
the time of collection the Company will notify you via email. You
will have a choice as to whether or not the Company uses your
information in this materially different manner. However, if you
have opted out of all communication with the Company, or
deleted/deactivated your account, then you will not be contacted
for the purpose of notifying you of material changes to the
Privacy Policy. In addition, if the Company makes any material
changes to its privacy practices that do not affect your
information already stored in the Company’s databases, the Company
will post a prominent notice on the eFax Website notifying you and
its other customers of the change. In some cases where the Company
posts a notice of changes to its Privacy Policy, it will also
notify you via email if you have opted to receive email
communications from the Company.
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9. Customer Responsibilities.
You are fully responsible for the contents of your
transmissions through the Services. The Company simply acts as a
passive conduit for you to send and receive information of your
own choosing. However, the Company reserves the right to take any
action with respect to the Services that the Company deems necessary
or appropriate in its sole discretion, if the Company believes you
or your information may create liability for the Company, compromise
or disrupt the Services for you or other customers, or cause the Company
to lose (in whole or in part) the services of the Company's
ISPs or other suppliers. Your use of the Services is subject to
all applicable local, state, national and international laws and
regulations (including without limitation those governing account
collection, export control, consumer protection, unfair
competition, anti-discrimination, securities or false
advertising). You agree: (1) to comply with all laws regarding the
transmission of technical data exported from any country through
the Services; (2) not to use the Services for any illegal purpose;
(3) not to interfere with or disrupt networks connected to the
Services; (4) to comply with all regulations, policies and
procedures of networks connected to the Services; (5) not to use
the Services to infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of
publicity or privacy; (6) not to use the Services or related
software to knowingly transmit misleading or inaccurate caller
identification information for any reason, including doing so with
the intent to defraud, cause harm, or wrongfully obtain anything
of value; and (7) not to transmit or upload through the Services
any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or
nature. You further agree not to transmit or upload any material
that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable
local, state, national or international law or regulation. The
Services make use of the Internet for you to send and receive
information of your own choosing. As a result, your conduct is
subject to Internet regulations, policies and procedures. You
agree not to use or reference the Services for chain letters, junk
fax or junk mail, spamming or any activity making use of
distribution lists to any person who has not given specific
permission to be included in such a process or on such list. You
further agree not to attempt to gain unauthorized access to other
computer systems. You shall not interfere with another customer's
use and enjoyment of the Services.
You further agree not to use the Services to store (1) any
“protected health information” (as such term is used in
the Health Insurance Portability and Accountability Act of 1996,
Pub. L. No. 104-191) unless you are using the Company’s Enhanced
Security feature, or (2) any other type of information that imposes
independent obligations upon the Company.
You must (a) obtain and pay for all equipment and
third-party services (e.g., Internet access and email service)
required for you to access and use the Services; (b) maintain the
security of your PIN / password and other confidential information
relating to your Services account; (c) immediately notify the Company
of any unauthorized use of your account or any other breach
of security known to you; and (d) be responsible for all charges
resulting from use of the Services, including unauthorized use
prior to your notifying the Company of such use and taking steps to
prevent its further occurrence.
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10. Unsolicited Fax Advertisement / Spam Drop-Box Policy.
a. Unsolicited Fax Advertisement Policy. The transmission of
unsolicited fax advertisements is illegal in the United States
under the Federal Telephone Consumer Protection Act of 1991 (TCPA)
(FCC: unwantedfaxes.pdf)
and in the European Union under the Privacy and Electronic
Communications Regulations 2003, and is also illegal under the
laws of a number of other countries, states and provinces.
Distribution of unsolicited fax advertisements through the
Services is prohibited. Notwithstanding the above, the Company's
distribution of advertising to its customers is not considered
unsolicited fax advertising based upon your acceptance of this
Agreement.
At the Company's option and without further notice, the Company
may use technologies and procedures, such as filters, that may
terminate the transmission of such unsolicited fax advertisements
without delivering them.
If you believe that you are in receipt of an unsolicited fax
advertisement, please take the following two steps:
Step One: If the fax contains a telephone number, fax number
or other contact information to "unsubscribe" from receipt of
additional junk faxes, please do so; and
Step Two: Please go to the following Web page and complete the
complaint form by inserting the required information and attaching
a copy of the offending fax: Report Spam.
You hereby acknowledge and agree that the Company, as owner of
all eFax Numbers, has any and all rights (but no obligation) to
assert any and all legal claims available against any third party
as a result of your receipt of any unsolicited fax advertisements,
including but not limited to claims under the TCPA and similar
laws of any other country, state or province, and, to the extent
you do have any rights to bring any such claims, you hereby assign
any and all such rights to the Company as consideration for its
provision of the Services.
Because eFax Numbers may be reassigned to other customers in
the event your account is canceled, and to ensure the best
possible service for all customers, you are not permitted to "opt
in" to receive on your eFax Number facsimile advertisements of the
commercial availability or quality of any property, goods or
services from persons with whom you have not established a
business relationship.
b. Spam Drop-Box Policy. The Company does not permit its
customers to use eFax Numbers as "drop-boxes" for responses to
email or fax spam offers. If you believe you are in receipt of
email or fax spam that uses an eFax Number as a "drop-box" for
responses, please take the following two steps:
Step One: If the email or fax contains an email address,
telephone number, fax number or other contact information to
"unsubscribe" from receipt of additional messages, please do so.
Step Two: If you are unable to successfully "unsubscribe,"
please forward the offending email to
[email protected].
The Company will investigate your complaint and determine if the fax/voicemail
number referenced in the spam email or spam fax is an eFax Number.
If it is, the Company will attempt to contact the customer and, if
necessary and appropriate, terminate or suspend their Services.
The Company appreciates your assistance in enforcing and
complying with these policies and looks forward to continuing to
make your experience a positive one.
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11. Termination.
Either you or the Company may terminate your Services at any
time, with or without cause, upon notice. In order to provide
notice to the Company, eFax Plus and eFax Pro customers must call
customer service or visit Cancel Service. A customer service
representative will assist you with canceling your account in
accordance with the Company's verification procedures, as such
procedures may be changed by the Company in its sole discretion.
Upon termination of your account, the Company will send you an email
confirming that your account has been canceled. Your account will
not be deemed canceled unless and until you receive this email. In
order to cancel eFax Free service, you must either opt out of
receiving promotional emails or visit www.efax.com/cancel to
terminate your account. The Company reserves the right to terminate
or suspend your Services without prior notice for any reason;
provided that the Company will attempt to confirm such termination
or suspension by subsequent notice.
The Company may automatically terminate or suspend your eFax
Free account without notice if: (i) no faxes are received in your
account during any continuous thirty (30) day period (for purposes
of this determination, advertisements and informational messages
sent by the Company are not considered faxes received); (ii) you or
an intermediary blocks or filters any emails sent by or on behalf
of the Company to the email account(s) associated with your eFax
Free account; or (iii) you opt out of receiving advertising
messages sent to you by the Company or its affiliates.
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12. Customer Representations.
You represent and warrant that you are at least 18 years of
age or, as applicable, the age of majority in the country, state
or province in which you reside, and that you possess the legal
right and ability to enter into this Agreement. You agree to be
financially responsible for your use of the Services (as well as
for use of your account by others, including, without limitation,
minors living with you) and to comply with your responsibilities
and obligations as stated in this Agreement.
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13. Modifications to Customer Agreement.
The Company may automatically amend this Agreement at any time
by (a) posting a revised Customer Agreement on the eFax Website,
or (b) sending information regarding the amendment to the email
address you provide to the Company. YOU ARE RESPONSIBLE FOR
REGULARLY REVIEWING THE eFAX WEBSITE TO OBTAIN TIMELY NOTICE OF
SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH
AMENDMENTS BY CONTINUED USE OF THE SERVICES AFTER SUCH AMENDMENTS
HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN
SENT TO YOU. Otherwise, this Agreement may not be amended except
in writing signed by both you and the Company.
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14. Modifications to the Services.
The Company reserves the right to modify or discontinue any of
the Services with or without notice to you. The Company shall not be
liable to you or any third party should the Company exercise its
right to modify or discontinue the Services.
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15. Member Account, PIN / Password and Security.
Once you become a registered user, your eFax Number will be
automatically sent to you by email. You may change your PIN /
password from the eFax Website. You are entirely responsible for
maintaining the confidentiality of your PIN / password and account
information.
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16. Disclaimer of Warranties and Limitation of Liability.
a. ALL OF THE COMPANY’S SOFTWARE AND THE SERVICES ARE PROVIDED "AS
IS," AND NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR
SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION
THEREOF. THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF
THE COMPANY SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT THE COMPANY SOFTWARE OR THE SERVICES WILL MEET
ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE COMPANY AND
EACH OF ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS EXPRESSLY
DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
b. YOUR USE OF ALL OF THE COMPANY'S SOFTWARE AND THE SERVICES IS AT
YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM YOUR DOWNLOADING, UPLOADING, AND/OR USE OF FILES OR
OTHER MATERIAL (INCLUDING THE COMPANY'S SOFTWARE) OBTAINED EITHER
DIRECTLY OR INDIRECTLY FROM THE COMPANY OR ITS AFFILIATES, OR LOSS
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS, DATA OR FILES UPLOADED, HOSTED OR TRANSMITTED VIA
THE LARGE FILE SEND FEATURE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER ARISING UNDER ANY THEORY OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN
ADDITION, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS
AFFILIATES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR
DAMAGES, WHETHER DIRECT OR INDIRECT (INCLUDING CONSEQUENTIAL OR
SPECIAL DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE
THE COMPANY'S SOFTWARE OR THE SERVICES, AND YOU HEREBY WAIVE ANY
CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR
OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH AFFILIATE, LICENSOR
OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. THE ENTIRE LIABILITY OF THE COMPANY AND ITS AFFILIATES,
LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO THE USE OF THE COMPANY'S SOFTWARE AND THE SERVICES OR ANY
BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE
AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE
OR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR
CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE THE COMPANY AND EACH
OF ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY AND
ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO
BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF
THE ABOVE LIMITATIONS MAY APPLY TO YOU.
c. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR
SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY
MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS
DIFFICULTIES OUTSIDE OF THE COMPANY'S OR ANY SUCH AFFILIATE’S,
LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE
INTERRUPTION OF DATA DELIVERY SERVICE TO YOUR EMAIL ADDRESS,
PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY
DATA STORAGE AND/OR DELIVERY SERVICES.
d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY,
EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED
OFFICER OF THE COMPANY, IN EVALUATING THE SERVICES OR ANY OTHER
SERVICES OF THE COMPANY OR ITS AFFILIATES.
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17. Charges.
a. Pricing Plans:
You agree to pay all charges for your use of the Services in
accordance with the pricing plan you were offered and agreed to
upon registering for the Services. The Company reserves the right to
charge value-added taxes ("VAT"), sales or other taxes on the
Services as it deems appropriate and the Company reserves the right
to change prices or institute new charges for access to or use of
the Services, including Discounted Services.
The Company may amend your pricing plan, including any charges
thereto, at any time either by (a) posting pricing plan changes on
the eFax Website, or (b) sending information regarding the pricing
plan changes to the email address you provided to the Company. You
are responsible for regularly reviewing such pricing information.
Continued use of the Services, or non-termination of your the Company
account, after changes are either posted or emailed to you
constitutes your acceptance of the prices as modified.
If you have questions regarding any charges that have been
applied to your account, you must contact the Company's Customer
Service Department within thirty (30) days of the charge date.
Failure to do so will waive your ability to dispute such charges.
Failure to use your account will not be deemed a basis for
refusing to pay any charges.
b. Payment for
Services:
Your activation fee and monthly or annual service fees, as
applicable, are payable in advance and are COMPLETELY
NON-REFUNDABLE. You agree that for monthly subscriptions, the Company
may submit charges for your monthly service fee each month,
and for annual subscriptions, the Company may submit charges for
your annual service fee annually, in each case, without further
authorization from or notice to you, until you provide prior
notice (in accordance with the Company's verification procedures; as
may be established by the Company from time to time in its sole
discretion) that you have terminated this authorization or wish to
change your designated card(s). Such notice will not affect
charges submitted before the Company reasonably could act on your
notice. If you add eFax Numbers to an existing Services account,
your first payment for such additional eFax Numbers may be
prorated to coincide with the annual/monthly anniversary of your
first eFax Number. You agree that the Company may (at its option)
accumulate Services fees incurred during your monthly billing
cycle and submit them as one or more aggregate charges during or
at the end of each cycle, and that the Company may delay obtaining
authorization from your card issuer until submission of the
accumulated charge(s). This means that accumulated Services fee
charges may appear on the statement you receive from your card
issuer.
Your activation fee, usage charges, and monthly or annual
Services fees, as applicable, must be made by the credit or debit
card(s) designated by you for the Company use and transactions. If
your Services account is a qualified business account approved by
the Company for corporate billing, charges will be accumulated,
identified by customer identification number and invoiced on a
monthly basis. If the payment method for your Services account is
by credit or debit card and payment is not received by the Company
from the card issuer or its agent or affiliate, you agree to pay
all amounts due upon demand by the Company. Each time you use the
Services, or allow or cause the Services to be used, you agree and
reaffirm that the Company is authorized to charge your designated
card(s). Your card issuer's agreement governs your use of your
designated card in connection with payment for the Services, and
you must refer to such agreement (not this Agreement) with respect
to your rights and liabilities as a cardholder.
c. Viewing Your
Account Balance: To view your current account balance, along with
billing details and any accumulated charges, please click on
"Billing" after logging in to the eFax Website.
d. Free Trial
Customers: If you subscribed to the Services pursuant to a
special offer granting you a free trial period, your activation
fee and initial service fee will be PRE-AUTHORIZED AGAINST YOUR
CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts
pre-authorized will not be considered available credit or debit
funds in such account). These fees will be immediately charged to
your credit or debit card, without further authorization from you,
upon the expiration of such free trial period, unless you provide
prior notice (in accordance with the Company's verification
procedures, as may be established by the Company from time to time
in its sole discretion) that you have terminated this
authorization. Such notice will not affect charges submitted
before the Company reasonably could act on your notice.
e. Pre-Paid
Discounts: If you subscribed to the Services pursuant to a
special offer granting a pre-paid discount for a fixed number of
months, your pre-paid fees are payable in advance and are
COMPLETELY NON-REFUNDABLE. In addition, your initial monthly
service fee for the month immediately following your pre-paid
period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT
CARD LIMIT and will be immediately charged to your credit or debit
card, without further authorization from you, upon the expiration
of such pre-paid period, unless you provide prior notice (in
accordance with the Company's verification procedures, as may be
established by the Company from time to time in its sole discretion)
that you have terminated this authorization. Such notice will not
affect charges submitted before the Company reasonably could act on
your notice.
f. Usage Charges:
Additional charges apply when you exceed the number of
inbound or outbound fax pages included in your eFax Services tier.
Usage fees are payable in advance at a fixed amount as set from
time to time by the Company, currently U.S. $10.00 or the
approximate equivalent in local currency (the "Usage Prepay
Amount"). You may choose to increase the size of your Usage Prepay
Amount by logging into your account at the eFax Website or by
contacting the Company's Customer Service Department. The Usage
Prepay Amount will be immediately and automatically charged to
your credit or debit card without further authorization from you
upon incurring usage in excess of the number of inbound or
outbound fax pages included in your eFax service tier (or, in the
event you are provided with a free usage credit, upon your
depletion of such credit). Your Usage Prepay Amount will
thereafter be reduced based upon your incurring usage fees, and
each time your Usage Prepay Amount is depleted to a certain level
(currently U.S. $2.00 or the approximate equivalent in local
currency), another fixed Usage Prepay Amount in the same amount as
the prior Usage Prepay Amount will be immediately charged to your
credit or debit card, without further authorization from or notice
to you.
Furthermore, in the event that the Company submits charges for
your annual or monthly service fee and those charges are rejected
by your card issuer (or its agent or affiliate), you hereby
authorize the Company to apply your Usage Prepay Amount to pay for
some or all of your annual or monthly service fee due.
You agree that the Company may submit charges for the Usage
Prepay Amount without further authorization from or notice to you,
until you provide prior notice (in accordance with the Company's
verification procedures, as may be established by the Company from
time to time in its sole discretion) that you have terminated or
canceled your eFax Services, or wish to change your designated
card(s). Such notice will not affect charges submitted before the Company
reasonably could act on your notice.
Upon your giving the Company notice that you have terminated
or canceled your eFax Services, or in the event that the Company
should terminate or cancel your eFax Services or account in
accordance with the provisions herein, the unused portion of your
Usage Prepay Amount (if any) will be applied toward any
outstanding charges, and any remaining portion of your Usage
Prepay Amount will be forfeited and non-refundable.
In addition, in the event you fail to incur usage charges on
the Services for a period of six (6) months or longer, you will be
deemed to have forfeited any remaining Usage Prepay Amount in your
eFax account. In such event, the Company reserves the right to
eliminate your remaining Usage Prepay Amount (if any) without
notice.
g. Notification
of Changed Billing Information. You must promptly notify
the Company of changes to: (a) the account number, security code or
expiration date of your designated credit or debit cards; (b) your
billing address for the designated credit or debit card; and (c)
the name of each minor whom you have authorized to use your
Services account. You must also promptly notify the Company if your
card is canceled for any reason, including loss or theft. In order
to avoid Services interruptions caused by rejected credit or debit
card charges, the Company reserves the right to update your credit
or debit card details (such as expiration dates or new card
numbers). You understand and agree that the Company is entitled to
obtain such updated card details, store them and use them to bill
charges.
h. Usage and/or
Account Credit Balances. The Company may, from time to time, award
you a credit applied to your eFax Services usage and/ or account
balance, which is a non-refundable credit . eFax Services usage
and/ or account credit balances have no cash value. Usage and/or
Account credit balances will expire on the earlier of (i)
termination of your account or (ii) 30 days after they are issued,
and are subject to any additional terms associated with the credit
offer.
i. Late Fees.
A late fee of U.S. $8.50 (or the local currency equivalent) may be charged
to your account each time full payment of your outstanding balance is not
received by the payment due date. You agree that the Company may submit
charges for late fees without further authorization from or notice to you,
until you provide prior notice (in accordance with the Company’s verification
procedures, as may be established by the Company from time to time in its sole
discretion) that you have terminated or canceled your eFax Services, or
wish to change your designated card(s). Such notice will not affect charges
submitted before the Company reasonably could act on your notice.
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18. Termination for Non-Payment.
The Company reserves the right to suspend or terminate your
account and associated Services without notice upon rejection of
any credit or debit card charges or if your card issuer (or its
agent or affiliate) seeks return of payments previously made to the Company
when the Company believes you are liable for the charge. Such
rights are in addition to and not in lieu of any other legal
rights or remedies available to the Company.
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19. Ownership.
All programs, services, processes, designs, software,
technologies, trademarks, trade names, inventions and materials
comprising any portion of the Services are wholly owned by the Company,
its affiliates and/or its licensors and service providers
except where expressly stated otherwise. You may not use the Company's
or its affiliates’ trademarks, trade names, patents,
copyrights or other intellectual property rights without the Company's
prior written permission.
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20. Rules Regarding eFax Numbers.
YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE eFAX
NUMBER(S) PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF
THE TERM OF YOUR AGREEMENT OR UNTIL THE COMPANY NO LONGER PROVIDES
YOU WITH SERVICES UNLESS YOU SATISFY THE PROVISIONS IN SECTION 20
(a) BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE PERMISSION TO
USE SUCH eFAX NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE
LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT THE COMPANY
IS THE CUSTOMER OF RECORD OF ALL eFAX NUMBER(S) PROVIDED AS PART
OF THE SERVICES AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH
RESPECT SUCH eFAX NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN
RIGHTS RELATING TO PORTING OF SUCH eFAX NUMBER(S) ("PORTING" IS
CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED,
SWITCHED OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER,
TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER
OF RECORD FOR ALL eFAX NUMBER(S), THE COMPANY HAS THE DIRECT
RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE
UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU
RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS
NOT, ITSELF, A TELEPHONE COMPANY AND IS THEREFORE NOT UNDER ANY
LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY eFAX NUMBER(S) PROVIDED
UNLESS YOU SATISFY THE PROVISIONS IN SECTION 20 (a) BELOW. YOU
UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM
CAUSING OR ATTEMPTING TO TRANSFER THE eFAX NUMBER ASSIGNED TO
YOU TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER
PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION 20
(a) BELOW. IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU
AGREE TO IMMEDIATELY RETURN THE eFAX NUMBER(S) TO THE COMPANY AND
PAY THE COMPANY AN AMOUNT EQUAL TO U.S. $500 (OR THE EQUIVALENT IN
LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT
CREDIT OR DEBIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO
COLLECT THIS PAYMENT AND TO CAUSE THE eFAX NUMBER(S) TO BE
RETURNED TO THE COMPANY. YOU AGREE THAT THIS PAYMENT REPRESENTS
LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL
OR ANTICIPATED HARM, DAMAGES CAUSED AND ADMINISTRATIVE FEES
INCURRED BY THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE
DIFFICULTIES OF PROOF OF LOSS AND THAT THIS PAYMENT IS NOT A
PENALTY. SOME NON-U.S. JURISDICTIONS DO NOT ALLOW LIMITATIONS TO
BE PLACED ON YOUR RIGHT TO PORT THE eFAX NUMBER ASSIGNED TO YOU,
SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF THE eFAX NUMBER(S)
ASSIGNED TO YOU IS LOCATED IN SUCH A JURISDICTION.
a. Telephone Numbers Ported In
IF YOU "PORTED IN" ANY TELEPHONE NUMBER(S) IN CONNECTION
WITH YOUR USE OF SERVICES, OR YOU ARE ENTITLED TO "PORT OUT" A
TELEPHONE NUMBER UNDER NON-U.S. LAW, YOU MAY "PORT OUT" SUCH
NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT ONLY IF YOU
SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE
TO THE COMPANY OF YOUR INTENTION TO "PORT OUT" SUCH TELEPHONE
NUMBER(S) NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF
TERMINATION OF YOUR ACCOUNT (THE "PORTING NOTICE PERIOD"); (ii)
YOUR NEW TELEPHONE CARRIER PROVIDES THE COMPANY’S TELEPHONE CARRIER
WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF
THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE COMPANY FOR ALL
SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE NOTICE OF
YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND (iv) PRIOR TO THE
EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN
ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH
PROCESSING THE PORT IN AN AMOUNT OF U.S. $40 (OR THE EQUIVALENT IN
LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE THE COMPANY
TO CHARGE YOUR CREDIT OR DEBIT CARD IN THE APPLICABLE
AMOUNT FOR SUCH ADMINISTRATIVE FEE. THE PORTING PROCESS CAN BE
LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR SERVICES DURING THE
PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE
STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS
COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL
CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH
RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR
SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS,
THE COMPANY SHALL REMAIN THE CUSTOMER OF RECORD OF THE NUMBER(S) AND
YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE
SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER,
TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. THE COMPANY ALSO
RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE
NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS
AND TO CHARGE YOUR CREDIT OR DEBIT CARD THE U.S. $500 (OR THE
EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH
ABOVE. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE
REQUIREMENTS SET FORTH IN THIS SECTION 20 (a), TECHNICAL OR
PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING
TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS
BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON)
AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW
CARRIER FROM PORTING THE NUMBERS. THE COMPANY IS NOT RESPONSIBLE FOR
SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU
WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.
b. Reassignment of Telephone Numbers
YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF
YOUR SERVICES FOR ANY REASON, THE eFAX NUMBER(S) ASSIGNED TO YOU
MAY BE IMMEDIATELY RE-ASSIGNED TO ANOTHER CUSTOMER. YOU AGREE THAT
THE COMPANY WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL
OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT AND YOU
HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT,
WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU FURTHER
UNDERSTAND AND AGREE THAT THE COMPANY MAY FROM TIME TO TIME NEED TO
CHANGE THE eFAX NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA
CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN THE COMPANY'S
CONTROL). YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR
DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT
OF ANY SUCH CHANGE IN THE eFAX NUMBER ASSIGNED TO YOU, AND YOU
HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER
BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
c. No Right to Charge Third Party Services to eFax Numbers
YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES
PROVIDED TO YOU OR AT YOUR REQUEST TO THE eFAX NUMBER ASSIGNED TO
YOU BY THE COMPANY AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE
ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO
SUCH NUMBER. ANY SUCH CHARGES WILL GIVE THE COMPANY THE RIGHT TO
IMMEDIATELY TERMINATE OR SUSPEND YOUR eFAX ACCOUNT WITHOUT NOTICE.
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21. Indemnification.
You agree to indemnify the Company and each of its affiliates,
licensors and service providers from and against any and all
liabilities, expenses (including attorneys' fees) and damages
arising out of claims based upon use of the Services, including
but not limited to any violation of this Agreement by you or any
other person using your account, any claim of libel, defamation,
violation of rights of privacy or publicity, any loss of service
by other customers, any infringement of intellectual property or
other rights of any third parties and any violation of any laws or
regulations, including but not limited to any violation of any
laws or regulations prohibiting transmission of unsolicited fax
advertisements.
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22. No Resale Of The Services.
You are prohibited from selling, reselling, renting or
leasing the use of the Services.
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23. Participation In Promotions Of Advertisers.
You may correspond with or participate in promotions of
advertisers showing their products via the Services. Any such
correspondence or participation, including the delivery of and the
payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence
or promotions, are solely between you and the advertiser. The Company
assumes no liability, obligation or responsibility for any part
of any such correspondence or promotion.
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24. Notices; Consent.
Notices given by the Company to you will be given by email, by
a general posting on the eFax Website or by conventional mail. In
any matter requiring the Company's prior consent, such consent will
be considered given only if made in writing by an authorized
representative of the Company. Notices given by you to the Company
must be given by email or by conventional mail (subject, however,
to the Company's verification procedures, as may be established by
the Company from time to time in its sole discretion, and which may
include the requirement that you contact the Company by phone so as
to confirm that any such notice was in fact sent by you). Notices
to the Company by conventional mail must be sent to j2 Global, Inc.,
6922 Hollywood Boulevard, 5th Floor, Los
Angeles, CA 90028, U.S.A.
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25. General Terms.
THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS
CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF
THE COMPANY'S SOFTWARE AND THE SERVICES. THE UN CONVENTION ON CONTRACTS
FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU
EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR
DISPUTE ARISING FROM THE USE OF THE COMPANY'S SOFTWARE OR THE SERVICES
RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA OR A SUPERIOR COURT FOR THE STATE OF
CALIFORNIA LOCATED IN THE CITY AND COUNTY OF LOS ANGELES; provided
nothing in this section shall restrict either of the parties from
resorting to the courts of any jurisdiction in order to collect,
enforce or execute any judgment obtained in the federal or state
courts located in the State of California. If any provision of
this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be
enforced. The Company's failure to act with respect to a breach by
you or others does not waive the Company's right to act with respect
to subsequent or similar breaches. You may not assign or transfer
this Agreement or any rights hereunder whether by direct
assignment, by operation of law or otherwise, and any attempt to
the contrary is void. The Company shall not be liable for any delay
or failure to perform resulting directly or indirectly from any
causes beyond the Company's reasonable control. Parental control
protections (such as commercially available computer hardware,
software or filtering services) may assist you in limiting access
to material that is harmful to minors, although such technology
may not be effective with regard to receipt of fax or email
messages received through the Services.
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26. Legal Notices.
Under California Civil Code Section 1789.3, California
Customers are entitled to the following specific consumer rights
information:
a. Pricing Information. Current rates for using the Services
may be obtained on the eFax Website or by calling the Company's
Customer Service Department. The Company reserves the right to
change fees, surcharges and monthly fees or to institute new fees
at any time.
b. Complaints. The Complaint Assistance Unit of the Division
of Consumer Services of the Department of Consumer Affairs may be
contacted in writing at 1020 N. Street, #501, Sacramento, CA
95814, or by telephone at 1-916-445-1254.
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27. Agreement to Arbitrate All Disputes.
a. You and the Company agree that all disputes and claims between you
and the Company shall be settled by binding arbitration instead of in
courts of general jurisdiction. This agreement to arbitrate is intended
to be broadly interpreted and includes, but is not limited to any dispute,
claim or controversy arising out of or relating in any way to the Services,
the Company’s software, the eFax Website, the Agreement or any aspect of
the relationship between you and the Company. You agree that, by agreeing
to the Agreement, the U.S. Federal Arbitration Act governs the interpretation
and enforcement of this provision, and that you and Company are each waiving
the right to a trial by jury or to participate in a class action.
Notwithstanding the foregoing, either party may bring an individual
action in small claims court. This arbitration provision does not preclude
you from bringing issues to the attention of federal, state, or local
agencies, including, for example, the Federal Communications Commission.
Such agencies can, if the law allows, seek relief against the Company on
your behalf. This arbitration provision shall survive termination of
this Agreement and the termination of your account.
b. A party who intends to seek arbitration must first send to the other,
by certified mail, a written Notice of Dispute (“Notice”). The Notice to the
Company should be addressed to: j2 Global, Inc., ATTN: Legal Department,
6922 Hollywood Boulevard, 5th Floor, Los Angeles, CA 90028, USA (“Notice Address”).
The Notice must (a) describe the nature and basis of the claim or dispute; and
(b) set forth the specific relief sought (“Demand”). If the Company and you do
not reach an agreement to resolve the claim within 30 days after the Notice is
received, you or the Company may commence an arbitration proceeding. During the
arbitration, the amount of any settlement offer made by the Company or you shall
not be disclosed to the arbitrator until after the arbitrator determines the amount,
if any, to which you or the Company is entitled. You may download or copy a form
Notice and a form to initiate arbitration at www.adr.org.
If you are required to pay a filing fee, after the Company receives notice at the
Notice Address that you have commenced arbitration, it will promptly reimburse you
for your payment of the filing fee, unless your claim is for greater than US$10,000.
c. The arbitration will be governed by the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”)
of the American Arbitration Association (“AAA”), as modified by the Agreement, and
will be administered by the AAA. The AAA Rules and Forms are available online at
www.adr.org. The arbitrator is bound by the terms of the
Agreement. All issues are for the arbitrator to decide, including issues relating
to the scope and enforceability of this arbitration provision. Unless the Company
and you agree otherwise, any arbitration hearings will take place by video or
telephone conference. If your claim is for US$10,000 or less, the Company
agrees that you may choose whether the arbitration will be conducted solely
on the basis of documents submitted to the arbitrator, through a telephonic
hearing, or by an in-person hearing as established by the AAA Rules. If your
claim exceeds US$10,000, the right to a hearing will be determined by
the AAA Rules. Regardless of the manner in which the arbitration is conducted,
the arbitrator shall issue a reasoned written decision sufficient to explain
the essential findings and conclusions on which the award is based. The
arbitrator is not authorized to award punitive or other damages not measured
by the prevailing party’s actual damages, and may not, in any event, make any
ruling, finding or award that does not conform to the terms and conditions
of the Agreement.
d. The Company may make a written settlement offer anytime before an arbitrator
is selected. If the arbitrator issues you an award that is greater than the value
of the Company’s last written settlement offer made before an arbitrator was selected
(or if the Company did not make a settlement offer before an arbitrator was selected),
then the Company will pay you the amount of the award or US$1,000, whichever is
greater. Except as expressly set forth herein, the payment of all filing,
administration and arbitrator fees will be governed by the AAA Rules.
e. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the
Company agree otherwise, the arbitrator may not consolidate more than one person's
claims with your claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this arbitration provision shall be null and
void. The arbitrator may award declaratory or injunctive relief only in favor of
the individual party seeking relief and only to the extent necessary to provide relief
warranted by that party's individual claim.
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