View the Customer Agreement for UFAX LTD accounts at http://www.ufax.net
This Agreement is between UFAX LTD ("UFAX") and you ("you" or "Customer"), as an authorized user of UFAX, and governs the terms and conditions of your use of UFAX services. This 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 UFAX (collectively, the "Agreement"), constitutes the entire agreement between UFAX and you regarding UFAX Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, "UFAX" or "Services" are defined as any and all services provided by UFAX to you either now or in the future. By using UFAX, you confirm your acceptance of, and agree to be bound by, this Agreement.
1. UFAX Services.
UFAX offers Services described at its website http://www.ufax.net Individually, the Services are:
a. UFAX includes but is not limited to: (i) a personal local or toll-free telephone number (together with remote (i.e., non-toll-free and non-local) telephone numbers, "UFAX Numbers") that provides for the delivery of faxes to electronic mail ("email"); and (ii) outbound faxing from email or from the UFAX Website.
2. UFAX Service Usage.
a. Plus Non-Toll-Free Service Usage.
As a Non-Toll Free Service Customer, you will receive a local UFAX Number from which you may receive in your email a set amount of faxes based on the service package you choose. HOWEVER, SUCH USE IS SUBJECT TO UFAX's "FAIR USE" POLICY. UNDER THIS POLICY, IF AT ANY TIME, IN UFAX'S SOLE DISCRETION, YOUR USE EXCEEDS THE LEVEL OF USE REASONABLY EXPECTED FROM SOMEONE USING THIS SERVICE FOR INDIVIDUAL USE, THEN UFAX RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR UFAX ACCOUNT WITHOUT PRIOR NOTICE (PROVIDED THAT UFAX WILL ATTEMPT TO CONFIRM SUCH TERMINATION OR SUSPENSION BY SUBSEQUENT NOTICE). IN SUCH EVENT, A UFAX REPRESENTATIVE WILL ATTEMPT TO CONTACT YOU AND ESTABLISH A REASONABLE USAGE CHARGE THAT WILL PERMIT YOU TO CONTINUE YOUR USE OF THIS SERVICE
b. UFAX Toll-Free Service Usage.
As a Toll-Free Customer, you will receive a toll-free UFAX Number from which you may receive faxes in your email. You will be charged a usage fee (as set forth by UFAX) based on the number of pages so received.
4. Customer Responsibilities.
You are fully responsible for the contents of your transmissions through the Services. UFAX simply acts as a passive conduit for you to send and receive information of your own choosing. However, UFAX reserves the right to take any action with respect to the Services that UFAX deems necessary or appropriate in its sole discretion if UFAX believes you or your information may create liability for UFAX, compromise or disrupt the Services for you or other Customers, or cause UFAX to lose (in whole or in part) the services of UFAX 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 or false advertising). You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere 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; and (6) not to transmit 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 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 use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and 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 or another entity's use and enjoyment of similar services.
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 UFAX Services; (b) maintain any security of your Customer identification, and other confidential information relating to your UFAX account and; (c) be responsible for all charges resulting from use of your UFAX account, including unauthorized use prior to your notifying UFAX of such use and taking steps to prevent its further occurrence.
5. Unsolicited Fax Advertisement/Spam Drop-Box Policy.
a. Unsolicited Fax Advertisement Policy.
The transmission of unsolicited fax advertisements is illegal under the Federal Telephone Consumer Protection Act (http://www4.law.cornell.edu/uscode/47/227.html) and a number of similar state laws. Distribution of unsolicited fax advertisements through the Services is prohibited. UFAX understands that receipt of such faxes can impair your use of our Services. Accordingly, UFAX intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our Customers. At UFAX option and without further notice, UFAX may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.
If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:
(1) 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
(2) Please file a complaint with UFAX by inserting the required information into an email, attach the offending fax and send to firstname.lastname@example.org. You hereby acknowledge and agree that UFAX, as owner of all UFAX Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to UFAX.
Because our UFAX 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 spam faxes on your UFAX Number.
b. Spam Drop-Box Policy.
UFAX does not permit its Customers to use their UFAX number as a "drop-box" for responses to email spam offers. If you believe you are in receipt of email spam that uses an UFAX number as a fax drop-box for responses, we ask that you take the following steps:
(1) If the email contains an email address, telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional emails, please do so.
(2) If you are unable to successfully "unsubscribe," please forward the offending email to email@example.com. We will investigate your complaint and determine if the fax number referenced in the spam email is a UFAX number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their UFAX service.
We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the UFAX experience a positive one for you.
Either you or UFAX may terminate your UFAX account at any time, with or without cause, upon notice. Any such notice by you to UFAX must be in accordance with UFAX'S verification procedures, as such procedures may be established and changed by UFAX from time to time in its sole discretion, and which may include the requirement that you contact UFAX by phone to confirm that any such notice was in fact sent by you. UFAX also reserves the right to terminate or suspend your UFAX account without prior notice, provided that UFAX will attempt to confirm such termination or suspension by subsequent notice.
7. Customer Representations.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the 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 UFAX (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
8. Modifications to Customer Agreement.
UFAX may automatically amend this Agreement at any time by (a) posting a revised UFAX Customer Agreement on the UFAX Website, and/or (b) sending information regarding the amendment to the email address you provide to UFAX. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE UFAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE UFAX 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 UFAX.
9. Modifications to Services.
UFAX reserves the right to modify or discontinue any of the Services with or without notice to you. UFAX shall not be liable to you or any third party should UFAX exercise its right to modify or discontinue the Services.
10. Disclaimer of Warranties and Limitation of Liability.
a. UFAX AND ALL OTHER UFAX ANY UFAX SERVICES ARE PROVIDED "AS IS," AND NEITHER UFAX NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. UFAX DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UFAX AND EACH OF ITS 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 UFAX AND ITS 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 OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM UFAX. YOU AGREE THAT NEITHER UFAX NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE UFAX OR ANY OTHER UFAX SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF UFAX OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF UFAX AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF UFAX AND ANY OTHER UFAX SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICES. YOU HEREBY RELEASE UFAX AND EACH OF ITS 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 UFAX NOR ANY OF ITS 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 UFAX 'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S 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 UFAX, IN EVALUATING THE UFAX SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF UFAX.
a. You agree to pay all charges for your use of UFAX Services at the prices then in effect for your country of residence. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. UFAX reserves the right to change prices or institute new charges for access to or use of UFAX. All changes will be posted by UFAX at the UFAX Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of UFAX Services or non-termination of your UFAX account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
b. Payment of your UFAX account balance is due monthly and, unless you have a qualified business account, must be made by the credit or debit card designated by you for UFAX use and transactions. If your UFAX account is a qualified business account and is approved by UFAX for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
c. Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your UFAX account is by credit or debit card and payment is not received by UFAX from the card issuer or its agents, you agree to pay all amounts due upon demand by UFAX. Each time you use UFAX Services, or allow or cause UFAX Services to be used, you agree and reaffirm that UFAX is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with UFAX, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that UFAX may (at its option) accumulate charges 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 UFAX may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
d. Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that UFAX may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with UFAX's verification procedures, as may be established by UFAX from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before UFAX reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact UFAX's Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by UFAX in accordance with this Agreement.
e. If you subscribed for UFAX Services pursuant to a special offer granting you a free trial period, your activation fee and initial monthly 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) and 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 UFAX's verification procedures, as may be established by UFAX from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before UFAX reasonably could act on your notice.
f. If you subscribed for UFAX 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 UFAX's verification procedures, as may be established by UFAX from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before UFAX reasonably could act on your notice.
g. For non-toll free UFAX Customers, you will incur charges in addition to the minimum monthly charge if you receive a number of pages through your UFAX account in excess of that permitted by our Fair Use Policy described in paragraph 2. a. above. You agree that UFAX may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of UFAX), without further authorization from you, until you provide prior notice (in accordance with UFAX's verification procedures, as may be established by UFAX from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before UFAX reasonably could act on your notice. If you are using UFAX Services from certain locations, you may also incur charges levied by your Internet service provider, online service provider and/or long distance carrier to access UFAX.
h. You must promptly notify UFAX of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to use your UFAX account. You must also promptly notify UFAX if your card is canceled (e.g., for loss or theft).
UFAX reserves the right to suspend or terminate your UFAX account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to UFAX when UFAX 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 UFAX.
a. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the UFAX Service are wholly owned by UFAX and/or its licensors and service providers except where expressly stated otherwise.
b. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY UFAX NUMBER ASSIGNED TO YOU BY UFAX. OWNERSHIP OF ANY SUCH UFAX NUMBER IS VESTED SOLELY IN UFAX (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR UFAX ACCOUNT FOR ANY REASON, SUCH UFAX NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT UFAX 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 UFAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
c. YOU FURTHER UNDERSTAND AND AGREE THAT UFAX MAY FROM TIME TO TIME NEED TO CHANGE THE UFAX NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN UFAX's CONTROL). YOU AGREE THAT UFAX WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE UFAX 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 UFAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
d. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE UFAX NUMBER ASSIGNED TO YOU BY UFAX 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 UFAX THE RIGHT TO IMMEDIATELY TERMINATE YOUR UFAX ACCOUNT WITHOUT NOTICE.
You agree to indemnify UFAX and each of its 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 your UFAX account, including 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 prohibiting transmission of unsolicited faxes.
15. No Resale Of The Services.
Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.
16. Participation In Promotions Of Advertisers.
You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. Any such correspondence or promotions, 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. UFAX assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. Notices; Consent.
Notices given by UFAX to you will be given by email or by a general posting on the UFAX Website, or by conventional mail. In any matter requiring UFAX's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of UFAX. Notices given by you to UFAX must be given by email or by conventional mail (subject, however, to UFAX's verification procedures, as may be established by UFAX from time to time in its sole discretion, and which may include the requirement that you contact UFAX by phone so as to confirm that any such notice was in fact sent by you). Notices to UFAX by conventional mail must be sent to UFAX LTD, 284 Bertram Drive, Gahanna OH 43230, U.S.A.
18. General Terms.
THE LAWS OF THE STATE OF OHIO U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF UFAX'S 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 UFAX SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF OHIO OR A SUPERIOR COURT FOR THE STATE OF OHIO LOCATED IN FRANKLIN COUNTY. 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. UFAX'S failure to act with respect to a breach by you or others does not waive UFAX'S right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. UFAX shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond UFAX'S reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that 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 email messages as provided as part of the Services. If you are interested in learning about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections.