Terms of Service
Please read the Internet Fax Terms of Service (the
"Agreement") carefully. This Agreement governs your use of the
Internet Fax services (the "Services") provided to you (the
"Customer" or "you") by SENDAFAXFEE, LLC. ("SENDAFAXFEE").
1. Services
1.1 Your use of the
Services is expressly conditioned on your acceptance without modification of
this Agreement. Services are immediately provisioned to the Customer at the end of the registration process. By completing the registration process to be able to use the
Services or by using the Services, you signify your unconditional acceptance of
this Agreement and this Agreement takes effect and continues until your account
is terminated. SENDAFAXFEE may change this Agreement at any time; such changes
will be effective immediately upon posting the same on the SENDAFAXFEE internet
site from where the Services are being offered by SENDAFAXFEE, transmission of
notice by e-mail, postal mail, or any other means. Each time you use the
Service reaffirms your acceptance of the then-current Agreement. If you do not
agree with any part of this Agreement or any then-current Agreement, you must
not use, or continue to use, the Services and immediately terminate your
account as set forth below.
1.2 SENDAFAXFEE may
discontinue or alter any portion or all of the Services or any aspect of the
Service at any time, without notice, without liability and in SENDAFAXFEE’s sole
discretion.
1.3 You may only
make use of the Services as permitted by this Agreement, SENDAFAXFEE’s policies,
rules and practices (all as may be established or changed from time to time in
the same manner as changes to the Agreement), and any applicable laws.
2. Your Obligations, Representations and Acknowledgments
2.1 Customer Information. You agree to provide SENDAFAXFEE with true, current,
accurate and complete information as prompted by the SENDAFAXFEE registration
form for the Services or at any time thereafter, and to maintain and to update
this information as required to keep it true, current, accurate and complete.
You agree in your registration and in your use of the Services not to
impersonate any other person or entity, and you represent that you are of
sufficient age to use the Services and to create binding legal obligations and
that you possess the legal right and ability to enter into this Agreement.
You acknowledge that you have read the SENDAFAXFEE Privacy
Commitment, available at "https://www.sendafaxfree.com/privacy.php" (as
it may be updated from time to time) (the "SENDAFAXFEE Privacy
Commitment"). You hereby agree that SENDAFAXFEE and/or its agents may
collect, use and disclose (for the purposes identified in the SENDAFAXFEE
Privacy Commitment) personal information about you that you have provided to SENDAFAXFEE
and/or its agents in connection with provision of the Services.
2.2 Responsibility. You are responsible and liable for any activity by any
person who uses your account with the Service, unless it can be conclusively
proven, to the satisfaction of SENDAFAXFEE and in SENDAFAXFEE’s sole discretion,
to have been an unauthorized intrusion. Other users of your account will be
bound by this Agreement as if they were you. You are responsible for
maintaining the confidentiality of your password and for any liability
resulting from disclosure of your password. You agree that, upon becoming aware
that your password or account is (or possibly is) being used without
authorization, you will immediately change your password and notify SENDAFAXFEE.
2.3. Software and Hardware. Your use of the Services is subject to your equipment
satisfying minimum requirements for hardware and software which requirements
may be changed at any time at SENDAFAXFEE’ sole discretion. SENDAFAXFEE will
attempt to provide you with prior notice of changes to such minimum
requirements, where practicable.
You acknowledge that you are responsible for anything you
require to connect to the Services including, without limitation, the
installation, operation, maintenance and cost of any and all software, hardware
and/or internet services.
2.5. Usage. You acknowledge and agree that:
2.5.1. SENDAFAXFEE has
no control of the content of the information passing through yours and/or any
other user’s account with the Services and that SENDAFAXFEE does not (i)
represent or endorse the accuracy or reliability of any opinion, advice or
statement made through the use of the Services, (ii) assume any liability for
any harassing, offensive or obscene material distributed through any use of the
Services, or (iii) assume any liability for any material distributed through or
to any account within the Services, including, without limitation, any use of
the Services which is in violation of any third party’s copyright or any other
intellectual property right.
2.5.2. The information
you submit for transmission via the Services is for lawful purposes only and
that the transmission of messages or files is not in violation of any federal,
state or provincial laws, further the information and transmission of the same
is not unlawful, harmful, threatening, abusive, libelous, vulgar, obscene,
profane, hateful, or otherwise objectionable in any way, including, but not
limited to, encouraging conduct that would constitute a criminal offense,
infringe third party rights, give rise to civil liability or otherwise violate
any local, state, national or other law. You may not use the Services to
upload, post, reproduce or distribute, in any way, any information, software or
other material protected by copyright or any other intellectual property right
without first obtaining the permission of such right holder. You agree to
comply with all applicable laws, regulations, or conventions including those
related to data privacy, international communications, and exportation of
technical or personal data.
2.5.3. Internet Fax
uses industry standard security measures that are designed to protect against
unauthorized access by third parties to customer account information. You
acknowledge that the Services are not to be considered a private communications
medium and that SENDAFAXFEE cannot guarantee the security or confidentiality of
any communications using the Services.
2.5.4. You will not use
or register the trademarks, logos and service marks displayed on the internet
site for the Services, including, without limitation, any trade name or
trademarks of SENDAFAXFEE, without SENDAFAXFEE’S express prior written permission.
2.5.5. You will not
obstruct, directly or indirectly, the Service’s identification procedures in
any electronic communications which you initiate.
2.5.6. You will not
disrupt or interfere with the Services, or the service of any Internet service
and/or access provider.
2.5.7. You will not
engage in any activity that could compromise the security of the Services or
the security of other computers on the Internet, including without limitation,
intercepting or attempting to intercept any information being sent via the
Services.
2.5.8. In no event will
you share, resell, or provide, as part of any commercial transaction, the
Services to any third party.
2.5.9 You will not
violate SENDAFAXFEE’ Acceptable Use Policy, as it may be updated from time to
time.
2.5.10. If SENDAFAXFEE
receives a complaint relating to the use of the Services, SENDAFAXFEE may, in
its sole discretion, investigate the complaint, restrict, suspend or terminate
you or any other user of the Services involved and/or remove any materials from
its servers. If your account is so affected, SENDAFAXFEE will use reasonable
efforts to notify you of this proceeding.
2.6. Adherence to
Policies. You agree that SENDAFAXFEE may establish policies related to the
Services, general practices related to the Services, and limits concerning use
of the Services that will be binding upon you. These may include, among others,
the maximum number of days that unread messages will be retained by the
Services, the maximum number of messages that may be sent from or received by
an account on the Services, the maximum size of any message that may be sent
from or received by an account on the Services, and the maximum disk space that
will be allocated on SENDAFAXFEE’s servers on any user’s behalf. You acknowledge
that such limits may differ for different portions of the Services, and in
particular may be set at different levels for users based factors that may be
determined in SENDAFAXFEE’s sole discretion. You also acknowledge that SENDAFAXFEE
reserves the right to change these policies and general practices and limits at
any time, in its sole discretion, with or without notice.
2.7. Help Desk. SENDAFAXFEE will provide a help desk for email via a
specified email address on a commercially reasonable efforts basis during
specified hours. Assistance is limited to your problems using the Services and
excludes problems related to your personal hardware or software or other
network components or equipment not used by SENDAFAXFEE to provide the Services.
3. Content and Compliance Measures
3.1. You acknowledge
that materials available through the Services may be protected by copyright,
trademarks, and other intellectual property rights. You agree that your use of
such materials is governed by all applicable laws and regulations, and by any
further restrictions placed on such materials by their owners or licensors.
3.2. You acknowledge
that SENDAFAXFEE has no obligation to censor or monitor use of the Services by
you, any customer or any third party, including without limitation any
obligation to censor or monitor any content, material or other information
sent, received or accessible through the Services or the Internet. However, you
agree that SENDAFAXFEE has the right to, without notice, monitor use of the
Services and monitor, review and retain such content, material or information
if SENDAFAXFEE believes in good faith that such activity is reasonably necessary
to provide the Services to customers, ensure adherence to or enforce the terms
of this Agreement, comply with any laws or regulations, respond to any
allegation of illegal conduct or claimed violation of third party rights, or
protect itself or others.
3.3 In the event
that SENDAFAXFEE receives a complaint relating to use of the Services by a
customer, SENDAFAXFEE may, in its sole and absolute discretion and without
notice or liability, investigate the complaint, restrict, suspend or terminate
the account(s) involved and/or remove any content, information or materials
from its servers.
3.4 You agree that SENDAFAXFEE
may, without notice or liability, disclose to third parties any customer
information or any content, information or materials associated with a Services
account, if SENDAFAXFEE believes in good faith that such activity is reasonably
necessary to provide the Services to customers, ensure adherence to or enforce
the terms of this Agreement, comply with any laws or regulations, respond to
any allegation of illegal conduct or claimed violation of third party rights,
or protect itself or others.
4.Ownership.
4.1. Services. All programs, services, processes, designs, software,
technologies, trademarks, tradenames, inventions,
materials and all other things comprising the Services and the Software (as
defined below) are wholly owned by the SENDAFAXFEE Entities (as defined below)
and/or their licensors or service providers except where expressly stated
otherwise. None of the foregoing may be reproduced, republished, distributed,
displayed, sold, transferred, modified, reverse engineered or used in any other
way than intended by SENDAFAXFEE hereunder without the express written
permission of SENDAFAXFEE and/or its third party licensors or service providers.
4.2. Phone Numbers. You understand and agree that you are not the owner of any
telephone number assigned to you by SENDAFAXFEE. Ownership of any such phone
number is vested solely in SENDAFAXFEE. YOU UNDERSTAND AND AGREE THAT
FOLLOWING THE TERMINATION OF YOUR ACCOUNT WITH THE SERVICES FOR ANY REASON,
SUCH PHONE NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER AND YOU
AGREE THAT THE SENDAFAXFEE ENTITIES AND SUBENTITIES WILL NOT BE LIABLE FOR
DAMAGES (INCLUDING CONSEQUENTIAL, SPECIAL, AGGRAVATED, EXEMPLARY OR PUNATIVE
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 SENDAFAXFEE HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES.
YOU FURTHER UNDERSTAND AND AGREE THAT SENDAFAXFEE MAY FROM TIME
TO TIME IN ITS SOLE DISCRETION NEED TO CHANGE THE TELEPHONE NUMBER ASSIGNED TO
YOU. YOU AGREE THAT SENDAFAXFEE WILL NOT BE LIABLE FOR DAMAGES (INCLUDING
CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE
TELEPHONE 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 SENDAFAXFEE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree that you are not authorized to charge services
provided to you or at your request to the telephone number assigned to you by SENDAFAXFEE
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
SENDAFAXFEE the right to immediately terminate your account without notice.
5. Software License
5.1. SENDAFAXFEE
grants to you a personal, non-transferable, non-exclusive license to use the
software provided to you by it in order to use the Services (the
"Software") in object code form only and subject to the terms and
conditions of this Agreement. The Software is licensed, not sold, to you by SENDAFAXFEE
and may be used only to use the Services from Canada and such other locations
as SENDAFAXFEE may authorize.
5.2. You may copy and
archive the Software, and you may distribute copies of the Software to third
parties, provided that all such copies contain the same copyright notice and
proprietary markings as are on the original Software; and provided further that
you do not sell, transmit or otherwise dispose of any copy for compensation or
as part of a commercial offer. Notwithstanding the foregoing, SENDAFAXFEE may,
at any time, and in its sole discretion, prohibit your distribution or your
further distribution of the Software to third parties and require you to
discontinue any such activity.
5.3. You agree not to
translate, reverse engineer, reverse compile, disassemble or make derivative
works from the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software including, without
limitation, for the purpose of obtaining unauthorized access to the Services or
disabling features of the Software or Services. Except as may be permitted by SENDAFAXFEE,
you agree not to access the Services by any means other than through the
interface that is provided by SENDAFAXFEE for use in accessing the Services.
5.4. The Software may
include certain cryptographic software that may be subject to export controls.
The Software may not be exported to any country or to any foreign entity or
"foreign person" to the extent prohibited under applicable government
regulations. By downloading or using the Software, you are acknowledging and
agreeing to the foregoing limitations on your right to export or re-export the
Software, and are also representing and warranting that you are neither on any
government’s list of export precluded parties nor otherwise ineligible to
receive software containing cryptography that is subject to export controls.
5.6. You acknowledge
that SENDAFAXFEE and its suppliers retain all title, rights (including, without
limitation, intellectual property rights) and interest in the Software, except
as expressly licensed in this Agreement. All rights in the content, information
and materials accessed through use of the Software are the property of the
applicable content owner and may be protected under intellectual property and
other applicable laws. You agree that SENDAFAXFEE’s suppliers are direct and
intended third party beneficiaries of this Agreement.
6. No Warranty and Limitation of Liability
6.1. THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS
IS," AND NEITHER SENDAFAXFEE NOR ANYONE ELSE, INCLUDING AMONG OTHERS, ANY
OF ITS AFFILIATES LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, (COLLECTIVELY THE
"SENDAFAXFEE ENTITIES") MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE SENDAFAXFEE
ENTITIES DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE OR SERVICES WILL MEET ANY
PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. ALL IMPLIED AND STATUTORY
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR
ACCURACY, ARE EXPRESSLY DISCLAIMED. THIS DISCLAIMER INCLUDES, WITHOUT
LIMITATION, LOSS OF DATA RESULTING FROM DELAYS, NON DELIVERIES, WRONG
DELIVERIES, AND ANY OR ALL SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF
THE SENDAFAXFEE ENTITIES AND THEIR EMPLOYEES, AGENTS, SUPPLIERS, OR CONTRACTORS
OR BY THE CUSTOMER’S ERRORS AND OMISSIONS.
6.2. YOUR USE OF THE SERVICES AND THE SOFTWARE AND SERVICES IS
AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING
FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING, WITHOUT
LIMITATION, THE SERVICES AND THE SOFTWARE) OBTAINED EITHER DIRECTLY OR
INDIRECTLY FROM THE SENDAFAXFEE ENTITIES. YOU AGREE THAT NEITHER THE SENDAFAXFEE
ENTITIES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS,
REPRESENTATIVES, EMPLOYEES, CONTRACTORS, SUPPLIERS, AND SHAREHOLDERS
(COLLECTIVELY THE "SUBENTITIES") WILL BE LIABLE FOR ANY DAMAGES
(INCLUDING CONSEQUENTIAL, SPECIAL, AGGRAVATED, EXEMPLARY OR PUNATIVE DAMAGES)
OR LOSSES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS
AGREEMENT, THE SERVICES, THE SOFTWARE AND/OR YOUR USE OF THE SERVICES OR THE
SOFTWARE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED
ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF ANY SENDAFAXFEE ENTITY OR
SUBENTITY HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY
OF THE SENDAFAXFEE ENTITIES AND THE SUBENTITIES AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO THE USE OF THE SERVICES AND THE SOFTWARE OR ANY BREACH OF THIS
AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE
OF THE SERVICES DURING THE PREVIOUS MONTH. YOU HEREBY RELEASE THE SENDAFAXFEE
ENTITIES, THE SUBENTITIES AND EACH OF THEM 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.
6.3. NONE OF THE SENDAFAXFEE ENTITIES OR SUBENTITIES SHALL BE
HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR
ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF ANY OF THE SENDAFAXFEE ENTITIES OR
SUBENTITIES AND EACH OF THEIR CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF
DATA DELIVERY SERVICE TO THE CUSTOMER’S ELECTRONIC MAIL ADDRESS, PAGER, TELEPHONE
OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY
SERVICES.
6.4. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY,
EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN THOSE MADE IN WRITING BY AN
EXPRESSLY AUTHORIZED OFFICER OF SENDAFAXFEE, IN EVALUATING THE SERVICES, THE
SOFTWARE AND/OR PRODUCTS OF SENDAFAXFEE.
7. Fees and Charges
7.1. As an account
holder of the Services you are solely responsible for any fees and/or charges
to your account and any activities conducted through your account whether or
not they are conducted by you personally. By using a credit card or
other payment method to pay for any billable portions of the Services, you
expressly authorize SENDAFAXFEE or its agents to charge all fees and other
charges incurred in connection with your account with the Services to the
credit card or other payment method you have designated, and such authorization
will survive this Agreement until there is no money owing by you under this
Agreement. If you use a credit card or other payment method and SENDAFAXFEE
does not receive payment from the card issuer or its agents or through the
other payment method, you agree to pay all amounts due upon demand by SENDAFAXFEE.
Fees are non-refundable, except as otherwise provided in this Agreement.
7.2. SENDAFAXFEE reserves
the right to accept other forms of payment or to modify the forms of payment it
will accept. If SENDAFAXFEE elects, in its sole discretion, to authorize
alternative or additional methods of payment, your designation of such a method
of payment will be deemed to be an authorization to SENDAFAXFEE
to bill you, in a manner appropriate to your designated payment method, for all
fees and other charges incurred in connection with your account with the
Services.
7.3. If SENDAFAXFEE
does not receive the amount of your account balance within 30 days of the
applicable invoice date, an additional 1.5% (or the highest amount permissible
by law, if less) per month of the amount outstanding may be added to your
invoice as a late charge. You will be liable for any and all legal and collection
fees and disbursements arising out of SENDAFAXFEE’s efforts to collect any
unpaid balance of your account. If you believe that a billing discrepancy has
occurred, you must notify SENDAFAXFEE within 60 days after the date of the
relevant account statement from your credit card issuer or financial
institution or such amounts will be deemed to have been accepted by you. You
agree to release SENDAFAXFEE from any liability for any error or discrepancy
that is reported to SENDAFAXFEE after such period.
7.4. Your account
with the Services will continue and renew automatically, unless terminated by SENDAFAXFEE
or until you notify SENDAFAXFEE of your decision to terminate your account with
the Services pursuant to the termination provisions below. SENDAFAXFEE reserves
the right at any time to change its fees and charges for use of any or all
portions of the Services, to institute new or additional fees, and to change
its policies, methods, and procedures with respect to pricing, billing,
cancellations, and surcharges. You may obtain current pricing information, as
well as information about policies, methods and procedures with respect to
pricing, billing, cancellation and surcharges through the Internet Fax web
site. SENDAFAXFEE may modify the means of accessing rates and billing
information in its sole discretion.
7.5. You agree to pay
all sales, use, value-added, personal property or other governmental taxes or
levies imposed on fees for the Services or goods or services that you purchase
through the Services.
7.6. You must
promptly notify SENDAFAXFEE of changes to: (a) the account number or expiration
date of your designated credit card; and (b) your billing address. You must
also promptly notify SENDAFAXFEE if your card is canceled (e.g., for loss or
theft).
7.7. Certain Current
Billing Procedures.
7.7.1. Charges for
Desktop Fax, Fax Broadcast, Email-to-Fax, Web-to-Fax
Services. If you are billing your service usage to a credit card, then at the
time of registration your credit card will be charged an amount which you have
selected at the registration time giving you a credit for the SERVICES. You
acknowledge that your credit card will be charged again once you have consumed
your entire credit balance and have authorized SENDAFAXFEE to automatically
recharge your account when your credit balance reaches the minimum threshold
amount which you have selected during the registration. SENDAFAXFEE will send a
receipt via e-mail every time SENDAFAXFEE charges your credit card upon reaching
the threshold you have selected (Please note that you will not receive a
receipt for the initial charge to your credit card).
7.7.2. Charges for
Fax-to-Email Service. Your Internet Fax monthly Fax-to-Email service fees are
payable in advance and are non-refundable. You acknowledge that SENDAFAXFEE may
submit charges via any authorized payment option for your monthly service fee
each month. Subscription charges for the month in which the Services are
activated will be pro-rated to reflect the number of days remaining in that
month.
7.7.3. Any notice of
termination or change of authorized payment option will not affect charges
submitted before SENDAFAXFEE reasonably could act on the same.
7.7.4. The above
billing procedures may change from time to time as contemplated in Section 7.4
above.
8. Indemnification
You agree to indemnify and hold harmless the SENDAFAXFEE Entities
and Subentities, and each of them, against any and
all liabilities, expenses (including legal fees on a solicitor and own client
basis) and damages arising out of claims based upon, arising out of or in any
way connected with the use of your account for the Services (including, without
limitation, your use or any other person using your account’s use of the
Services, anyone’s dissemination of any information on the Services using your
account, any violation of this Agreement by you or any other person using your
account, or any claim of libel, defamation, violation of rights of privacy or
publicity, loss of service by other users of the Services and infringement of
intellectual property or other rights).
9. Termination, Restriction or Suspension
9.1. By SENDAFAXFEE. SENDAFAXFEE may in its sole discretion suspend, restrict or
terminate your access to the Service and your account at any time, for cause or
for no cause, with or without written (including electronic) notice, including
without limitation because your account is past due to SENDAFAXFEE, SENDAFAXFEE
believes you are in violation of this Agreement, or SENDAFAXFEE believes that
you are using the services to engage in conduct which interferes with other
users of the Services or is harmful to SENDAFAXFEE.
9.2. By Customer. You may terminate this Agreement by canceling billing for
the Services at any time by using such means as SENDAFAXFEE may make available
from time to time. If you are dissatisfied with the Services, this Agreement or
any terms, rules, policies, or practices of SENDAFAXFEE in operating the
Services, any content available through the Services, or any change to any of
the foregoing, your sole recourse is to cancel your Services. Deleting your
account from SENDAFAXFEE’s central computers or removing the Software from your
computer will not cancel billing for the Services.
9.3. Effect of Termination. Upon termination, you will have no right to continue to
use the Services or access any stored information (including without limitation
any content or messages) on the Services (and any such information will be
forfeited). You acknowledge that if an account on the Services is terminated
(or if you delete your account from SENDAFAXFEE’s central computers), any and
all of the above referenced information may be deleted from the Services and SENDAFAXFEE
has no obligation to maintain the same nor forward any
such information to you or any third party. You acknowledge that SENDAFAXFEE has
no obligation to notify any third party of any suspension, restriction or termination
of your account with the Services. Further, any prepaid subscription or usage
charges for SENDAFAXFEE Services will not be refunded unless Customer is
cancelling for Service Quality reasons.
Any termination of your account shall not relieve you from any
amounts owing or any other liability accruing under this Agreement prior to the
time that such termination becomes effective.
10. Miscellaneous
10.1. Links. The
internet site where you access the Services may contain links to other internet
sites which are provided solely as a convenience to you and the inclusion of
any link does not imply endorsement, investigation or verification by SENDAFAXFEE
of the linked internet site or information contained therein. SENDAFAXFEE shall
not be responsible for the content of any other internet sites and makes no
representation or warranty regarding any other internet sites or the contents
or materials on such internet sites. If you decide to access other internet
sites, you do so at your own risk.
10.2. Relationship. The relationship between the SENDAFAXFEE Entities and you
will be that of independent contractors, and none of them nor
any of their Subentities will be held or construed to
be partners, joint ventures, fiduciaries, employees or agents of the other as a
result of this Agreement or use of this internet site.
10.3. Governing Law. This Agreement, its performance (including without
limitation the Services and the Software) and enforcement shall be governed by,
and construed in accordance with, the laws of the state of Ohio without regard
to conflict of laws principles. You consent and submit to the exclusive
jurisdiction of the courts located in the Cuyahoga County, Ohio, United States,
in all disputes arising out of, relating to, or connected in any way with the
Services, this Agreement and performance thereof. Any cause of action brought
by or on behalf of you with respect to this Agreement, the Service or Software
must be commenced within one year after the claim or cause of action arose.
10.4. Assignment. You may not assign, convey, subcontract or delegate your
rights, duties or obligations hereunder.
10.5. Modification. SENDAFAXFEE reserves the right to make changes to the
Services and may at any time modify this Agreement. Your continued use of the
Services will be conditioned upon the any terms and conditions in force at the
time of your use.
10.6. Additional Terms. Separate terms and conditions may apply to any or all
portions of the Services and you agree to abide by such other terms and conditions
as may be posted on the SENDAFAXFEE internet site for the Services from time to
time.
10.7. Severability. The terms and conditions of this Agreement shall be deemed
severable. In the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest extent
permitted by applicable law to give effect to the original intentions of the
parties, and such determination shall not affect the validity and
enforceability of any other remaining provisions.
10.8. Headings. The heading used in this Agreement are
included for convenience only and will not limit or otherwise affect this
Agreement.
10.9. Non-Waiver.The
failure of SENDAFAXFEE to insist upon or enforce strict performance by you of
any provision of this Agreement will not be construed as a waiver of any
provision or right. Neither the course of conduct between you and SENDAFAXFEE
nor trade practice will act to modify any provision of this Agreement.
10.10. Entire Agreement. This Agreement, together with those other policies and
terms and conditions incorporated herein or referred to herein constitute the
entire agreement between us relating to the subject matter hereof, and it
supersedes any prior understandings or agreements (whether electronic, oral or written)
regarding the subject matter, and may not be amended or modified except in
writing or as permitted by this Agreement.
10.11 Survival. Any provisions of this Agreement that by
their meaning are intended to survive termination of this Agreement, shall so
survive.
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