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TRUSTFAX SUBSCRIBER AGREEMENT
Security/Privacy and Terms of Service
ACCEPTANCE OF TERMS AND CONDITIONS
Please read this Subscriber Agreement carefully before accessing or using a TrustFax account or web site and the services we offer. The terms and conditions regarding your application for and use of the TrustFax account you have applied for are contained within this Subscriber Agreement. By accessing a TrustFax account or using the TrustFax services, whether a trial account or an activated account, you, the Subscriber, agree to be bound by the terms and conditions of this agreement. TrustFax and its affiliates, licensors and suppliers provide information and services to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained in this Subscriber Agreement.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of TrustFax services, you agree to provide full and accurate information about yourself as requested in our registration form and to update the registration form in a timely manner as such information changes. You further agree to update the registration in a timely manner, as personal information changes. If we ever find, or if we have reason to believe that any information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all future use of the services.
TRIAL ACCOUNTS
If you have subscribed to receive a trial account, you were asked to enter your credit or debit card account information prior to the activation of your trial account. By subscribing to a trial account you agree to pay for the account at the service level selected by you at the time of your subscription. Once the trial period and/or free fax pages or other services has ended, you will be automatically enrolled at the service level selected by you. Unless you contact TrustFax at cancel@trustfax.com and cancel your account during the free trial period, TrustFax will begin to charge your credit or debit card account for your pre-selected level of service. If you did not select a service level, you will be enrolled in the “Power User” service level and your card will be charged a service fee at the price then in effect. If you no longer have free fax pages available and you try to send/receive a fax, your credit or debit card account will automatically be billed for the minimum block of fax pages available at that time. Fax pages are available as an Add-on and are charged in advance in blocks of usage. You can cancel your account at any time by contacting TrustFax at cancel@trustfax.com and requesting that your account be terminated.
CANCELLATION / TERMINATION
Voluntary
You may cancel at any time by contacting cancel@trustfax.com. TrustFax is not responsible for cancellation emails sent to the wrong email address. Your account will be terminated upon TrustFax receiving your cancellation notice. If you are part way through a monthly billing cycle, the remaining days in that cycle are forfeited. TrustFax will not reimburse or refund any unused credits, international fax credits, fax pages, Add-ons, or months in your subscription plan. Your account will not be charged further fees or Add-on purchases unless outstanding charges exist on your account. Outstanding charges will be charged to your credit or debit card automatically by TrustFax. If your account is an approved group invoice billing account, an invoice will be submitted by TrustFax for final payment.
Involuntary
If you fail to pay your obligations due under this Subscriber Agreement, or if you breach any portion of this Subscriber Agreement, TrustFax may immediately terminate this Subscriber Agreement. TrustFax is not liable for any damages that may result from termination carried out in accordance with this Subscriber Agreement.
IF YOUR TRUSTFAX ACCOUNT IS CANCELLED OR TERMINATED FOR ANY REASON YOU WILL LOSE ALL DATA STORED IN YOUR TRUSTFAX FOLDERS AND IN BOX. BEFORE CANCELING YOUR ACCOUNT, PLEASE DOWNLOAD ALL INFORMATION/DATA.
PASSWORD
In connection with your establishment of an account through TrustFax, you will be required to select a password and account name. You are responsible for maintaining the confidentiality of your password and account name, and are fully responsible for all activities that occur under your account name. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Neither TrustFax, its parent or affiliates, nor their employees or agents will be liable for any loss or damage arising from your failure to comply with this section.
SUBSCRIBER RESPONSIBILITIES
You are fully responsible for the contents of your transmissions through TrustFax service. TrustFax serves as a passive conduit for you to send and receive information and files of your choice. Your use of TrustFax service 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 of 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 TrustFax 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 Subscriber’s use and enjoyment of the TrustFax 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 TrustFax services; (b) maintain any security of your subscriber identification, and other confidential information relating to your TrustFax account and; (c) be responsible for all charges resulting from use of your TrustFax account.
CHOICE / OPT OUT
As a subscriber, you are given the opportunity to 'opt-out' of having information used for purposes not directly related to the TrustFax service offering at the point where the information is requested. This application notifies Subscribers that they may ‘opt out’ by notifying TrustFax at webmaster@trustfax.com so Subscribers that prefer not to receive any marketing material can request to have their email address kept off our lists. By electing to not opt-out, and by clicking on “I ACCEPT” below, you affirmatively consent to receiving, and will receive, marketing material.
Subscribers are always notified when their information is being collected by any outside parties. We do this so our Subscribers can make an informed choice as to whether they should proceed with services that require an outside party, or not.
PRIVACY STATEMENT
TrustFax has built its electronic service with your privacy and security in mind. To ensure your privacy, TrustFax periodically publishes a Privacy Statement that is incorporated by reference into this Subscription Agreement. You can view the Privacy Statement at http://www.trustfax.com/privacy.asp. Please check this page periodically for changes in our privacy policy. By agreeing to the terms of this Subscription Agreement you acknowledge that you have read, understand and agree to the provisions of the Privacy Statement.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the services, you warrant to TrustFax and its parent and affiliates that you will not use the services for any purpose that is unlawful or is prohibited by these terms, conditions, and notices. You agree to comply with all local rules applicable to you in your use of the services. You agree not to reproduce, resell or exploit for any commercial purposes, any portion of the services. If you violate any of these terms, your permission to use the services automatically terminates.
MODIFICATIONS TO SUBSCRIBER AGREEMENT
Except as otherwise provided in this Subscriber Agreement, you agree, during the term of this Subscriber Agreement, that TrustFax may: (1) revise the terms and conditions of this Subscriber Agreement; and/or (2) change part of the services provided under this Subscriber Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Subscriber Agreement or change to the service(s) on TrustFax’s Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review TrustFax’s Web sites, including the current version of this Subscriber Agreement available on TrustFax’s Web sites, to be aware of any such revisions. If you do not agree with any revision to the Subscriber Agreement, you may terminate this Subscriber Agreement at any time by providing notice to TrustFax. Notice of your termination will be effective on receipt and processing by TrustFax. Any fees paid by you if you terminate this Subscriber Agreement are non-refundable. By continuing to use TrustFax services after any revision to this Subscriber Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. TrustFax is not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for TrustFax's services; or in (ii) information posted on TrustFax's Web site of a general informational nature. No employee, contractor, agent or representative of TrustFax is authorized to alter or amend the terms and conditions of this Subscriber Agreement.
MODIFICATIONS TO SERVICES
TrustFax reserves the right to discontinue or modify any service with or without notice. TrustFax shall not be liable to you or any third party should TrustFax exercise its right to discontinue or modify the service in any way.
BILLING
You agree to pay all charges for your use of TrustFax service at the prices then in effect. The prices in effect shall be those posted on the TrustFax website at http://www.trustfax.com/pricing.asp (“Pricing Page”). Continued use of TrustFax service or non-termination of your account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Payment of your TrustFax account balance is due in advance. Payment must be made by the credit or debit card designated by you for TrustFax use and transactions. If your TrustFax account(s) is a designated group invoice billing account and is approved by TrustFax, charges will be accumulated and invoiced on a monthly basis.
Service Fees
Yearly (Power User, Pro User and Pro Plus User Service Levels)
Yearly service fees are payable in advance and are completely non-refundable. You agree that TrustFax may submit charges for your yearly service fee upon each anniversary of the activation of your account, without further authorization from you, until you cancel your account by contacting cancel@trustfax.com and requesting that your account be terminated.
Monthly (Pro User and Pro Plus User Service Levels)
Monthly service fees are payable in advance and are completely non-refundable. You agree that TrustFax may submit charges for your monthly service each month, without further authorization from you, until you cancel your account by contacting cancel@trustfax.com and requesting that your account be terminated. Monthly account billing starts at midnight on the first of every month.
Add-ons
Fax pages, storage capacity and other services are available as Add-ons to the service levels. Add-on features must be paid for in advance and are completely non-refundable. If you no longer have fax pages or storage space available and you try to send/receive a fax or upload additional data, your credit or debit card account will automatically be billed for the minimum block of fax pages or storage capacity available at that time. You agree that TrustFax may submit charges during a billing cycle to ensure that your account has available fax pages for incoming and outgoing faxes and sufficient storage for files stored and received in your account.
Method of Billing
Upon subscribing to the TrustFax services, you will receive a certain number of free fax pages (“Account Pages”) for sending and receiving U.S. domestic faxes only. You cannot purchase additional Account Pages. Add-ons, including additional fax pages, may only be purchased by adding credit to your account (“Fax Page Credit”) in the dollar amounts provided for in your TrustFax account. Fax Page Credit may be used for sending and receiving U.S. domestic faxes, sending international faxes and increasing your account storage capacity.
The prices for sending and receiving U.S. domestic faxes and sending international faxes shall be as provided in your account or on the TrustFax Pricing Page and its related links. Fax page rates apply to each 60 seconds of fax transmission time. Fax transmission times that exceed any 60 second block shall be rounded up. For example, if a 1-page U.S. domestic fax takes 72 seconds to transmit, your Account Pages will be charged for 2 fax pages, or your Fax Page Credit will be charged $0.20.
Billing Questions
If you have any questions regarding any charges that have been applied to your account, you must contact TrustFax at billing@trustfax.com within 30 days of the charge date in writing. Correction to errors in billing will be provided as a TrustFax credit. TrustFax credit may be used for future monthly service fees and/or Add-ons. Failure to use your account will not be deemed a basis for refusing to pay any charges.
In the event TrustFax submits charges for your service or Add-on fees and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize TrustFax to deactivate your account until a successful process of your credit or debit card for the applicable fee, and any related charges to re-active your account has been completed.
NO RESALE OF THE SERVICES
You agree not to resell the use of the TrustFax service without an authorized TrustFax or Comodo Reseller Agreement.
UNSOLICITED FAX ADVERTISEMENT
The transmission of unsolicited fax advertisements is illegal under the Federal Telephone Consumer Protection Act and a number of similar state laws. Distribution of unsolicited fax advertisements through the TrustFax services is prohibited.
TrustFax does not condone the receipt of such faxes, You understand that unsolicited fax advertisements can affect your use of TrustFax service. TrustFax intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our subscribers.
If you believe that you have received an unsolicited fax advertisement, we ask that you do the following:
1. If the fax contains contact information to “unsubscribe” such as a telephone number, fax number, or other contact information, please do so.
2. Forward the unsolicited fax advertisement to support@TrustFax.com with the reason that you believe that fax was unsolicited.
You hereby acknowledge and agree that TrustFax is owner of all TrustFax fax telephone numbers and has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of unsolicited fax, including but not limited to claims under the telephone consumer protection act of 1991.
You are not permitted to “opt-in” to receive spam faxes because TrustFax fax telephone numbers may be reassigned to other subscribers when your account is cancelled.
FORCE MAJEURE
You agree not to hold TrustFax responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, terrorist action, labor strike, lockout, boycott.
INDEMNITY
You agree to release, indemnify, defend and hold harmless TrustFax and any of its contractors, agents, employees, officers, directors, shareholders, parents, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of (a) this Subscriber Agreement or the breach of your warranties, representations and obligations under this Subscriber Agreement, (b) falsehoods or misrepresentations of fact by you on the Account Application, (c) any intellectual property or other proprietary right of any person or entity, (d) failure to disclose a material fact on the Account Application if the misrepresentation or omission was made negligently or with intent to deceive any party, (e) failure to take the precautions necessary to prevent the compromise, loss, disclosure, modification or unauthorized use of your password and account name. When TrustFax is threatened with suit or sued by a third party, TrustFax may seek written assurances from you concerning your promise to indemnify TrustFax, your failure to provide those assurances may be considered by TrustFax to be a material breach of this Subscriber Agreement. TrustFax shall have the right to participate in any defense by you of a third-party claim related to your use of any TrustFax services, with counsel of our choice at your own expense. You shall have sole responsibility to defend TrustFax against any claim, but you must receive TrustFax's prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Subscriber Agreement.
SEVERABILITY
You agree that the terms of this Subscriber Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Subscriber Agreement; this Subscriber Agreement will be deemed amended to the extent necessary to make this Subscriber Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
GOVERNING LAW
You and TrustFax agree that any disputes related to the services provided under this Subscriber Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Utah, United States of America.
ARBITRATION
To the extent permitted by law, before you may begin arbitration with respect to a dispute involving any aspect of this Subscriber Agreement, you shall notify TrustFax, and any other party to the dispute for the purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following:
Any unresolved dispute arising under the terms of this Subscriber Agreement shall be decided by arbitration conducted through the services of the American Arbitration Association, hereinafter referred to as the “AAA.”
Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement. Arbitration hearings shall be held in Salt Lake County, State of Utah, at a location mutually agreeable to the parties.
There shall be one Arbitrator to hear the matter. The parties shall initially agree to a panel of 3 possible Arbitrators to hear the matter and each party shall have the opportunity to name one Arbitrator to be dropped from the panel until one remains. The party giving notice of the Arbitration demand shall be first to indicate its selection.
All costs of the Arbitration and the AAA shall be borne equally by both parties to this agreement, regardless of the final decision. The defaulting party as determined by the Arbitrator, shall pay all other costs and expenses, including reasonable attorney’s fees, incurred by the party in enforcing its rights under this Agreement.
NON-ASSIGNMENT
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Subscriber Agreement, whether by attachment, levy, garnishment or otherwise, renders this Subscriber Agreement voidable at TrustFax's option.
NOTICES
You will make all notices, demands or requests to TrustFax with respect to this Subscriber Agreement in writing to: Attn: President, TrustFax, Suite 306, 265 East 100 South, Salt Lake City, Utah 84111.
SURVIVAL
This Subscriber Agreement shall be applicable for as long as your TrustFax account remains active and you have not breached any provision of this Subscriber Agreement.
LIABILITY DISCLAIMER
YOU USE THE TRUSTFAX SERVICES AT YOUR OWN RISK. IF YOUR USE OF THIS WEB SITE OR THE TRUSTFAX SERVICES, OR THE MATERIALS CONTAINED THEREON OR LINKED THERETO (INCLUDING THE DOWNLOAD OF ANY CONTENT OR SOFTWARE), RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, NEITHER TRUSTFAX NOR ITS AFFILIATES, NOR THEIR LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS ARE RESPONSIBLE FOR THOSE COSTS.
REASONABLE EFFORT SHALL BE MADE BY TRUSTFAX TO PROVIDE RELIABLE SERVICE. TRUSTFAX PROVIDES SERVICE ON THE INTERNET AND, AS SUCH, IS SUBJECT TO THE OPERATION OF THE INTERNET AND TELECOMMUNICATIONS INFRASTRUCTURES AS WELL AS THE OPERATION OF YOUR INTERNET CONNECTION SERVICE, ALL OF WHICH ARE BEYOND THE CONTROL OF TRUSTFAX. TRUSTFAX SHALL MAKE REASONABLE EFFORT TO PROVIDE BACK UP SERVICES SUCH AS FAX AND PHONE SERVICE IN THE EVENT THAT THE INTERNET-DEPENDENT SERVICES SUFFER OUTAGES BEYOND OUR CONTROL. USERS OF THE TRUSTFAX SERVICE ARE ADVISED THAT THEY ARE CONDUCTING THEIR TRANSACTIONS OVER THE INTERNET. WHILE TRUSTFAX HAS TAKEN ALL REASONABLE STEPS TO REDUCE RISK BY BUILDING SYSTEMS WITH HIGH LEVELS OF SECURITY TO ENSURE THE PRIVACY OF ALL TRANSACTION DATA AND THE SAFE TRANSMISSION OF CREDIT CARD INFORMATION, RISKS REMAIN DUE TO FACTORS BEYOND THE REASONABLE CONTROL OF TRUSTFAX.
TRUSTFAX AND ITS AFFILIATES, ITS PARENT, AND THEIR EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO, AND CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE TRUSTFAX WEB SITE OR THE SERVICES.
IN NO EVENT SHALL TRUSTFAX, ITS AFFILIATES AND ITS PARENT, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OF THIS WEB SITE OR THE SERVICES, (B) THE DELAY OR INABILITY TO USE THIS WEB SITE OR THE SERVICES, (C) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE OR THE SERVICES, OR (D) UNAUTHORIZED THIRD PARTY ACCESS TO YOUR ACCOUNT OR (II) ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRUSTFAX, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NEITHER TRUSTFAX NOR ITS AFFILIATES, NOR THEIR LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT, FORMS AND SERVICES CONTAINED ON OR ACCESSED VIA THIS WEBSITE OR OTHER TRUSTFAX SERVICES WILL (I) MEET YOUR REQUIREMENTS OR (II) BE FREE FROM INACCURACIES, MISTAKES, DELAYS, INTERRUPTIONS OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, ALTHOUGH NEITHER TRUSTFAX NOR ITS AFFILIATES ASSUMES ANY OBLIGATION TO MAKE SUCH CHANGES. TRUSTFAX, ITS AFFILIATES AND/OR THEIR LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEBSITE OR TO THE SERVICES AT ANY TIME. NEITHER TRUSTFAX NOR ITS AFFILIATES, NOT THEIR LICENSORS OR SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR THE CONTENT, QUALITY AND TIMELINESS OF ONLINE FORMS, REPORT ORDERING, INSPECTORS, INSPECTION RESULTS, AND SIMILAR ITEMS. USE OF THESE FORMS AND SERVICES IS AT THE RISK OF THE USER. TRUSTFAX AND ITS AFFILIATES ACT AS A CONDUIT FOR THESE ITEMS, AND CANNOT BE HELD LIABLE FOR ANY CONTENT OR SERVICES OTHER THAN THOSE DIRECTLY RELATED TO THE USE OF THIS WEB SITE OR OTHER TRUSTFAX SERVICES.
BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS AND CONDITIONS. DO NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
Send your questions to support@trustfax.com or Call US +1 800 758 1669 / UK + 44.(0)161.874.7070.
