TrustFax® Customer Agreement
This Customer Agreement contains the terms of
service for TrustFax ("Customer Agreement") and is
effective on July 1, 2018 for current users, and upon
acceptance for new users.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE
WEBSITES OR SIGNING UP FOR SERVICES
1. Acknowledgement and Acceptance of This
Agreement
This Customer Agreement is between you ("you" or
"your") as an authorized user of the Company Services,
and j2 Cloud Services, Inc., (the "Company" or
"we"). For purposes of this Customer Agreement,
"Services" is defined as any and all services provided
by the Company to you either now or in the future and
"Account" is defined as the account through which you
access the Services. "Website" is the
www.trustfax.com website.
This Customer Agreement, together with any operating rules,
policies, price schedules or other supplemental documents
published from time to time by the Company (collectively, the
"Agreement"), constitutes the entire agreement between
the Company and you regarding the Services, and supersedes all
prior agreements between the Company and you regarding the
subject matter of this Agreement. By using the Services, you
confirm your acceptance of, and agree to be bound by, this
Agreement. If you are using the Services on behalf of your
employer, you represent that you are authorized to accept this
Agreement on your employer's behalf.
For Canadian
Customers: Please note that when you place an order to purchase
on the Site, it constitutes an offer to purchase and remains
subject to the Company's acceptance. Goods or services listed or
described on the Site constitute an invitation to make an offer
to purchase.
If you begin, but fail to complete
the sign up process for Services, the Company may contact you in
an effort to help you sign up for the Services or another service
offered by the Company. You hereby authorize the Company to make
such contact, even if you ultimately determine not to sign up for
any of the services offered by the Company.
Unless explicitly stated otherwise, this Agreement will govern
the use of any new features that augment or enhance the current
Services, including but not limited to the release of new Company
software and Services. In the case of any violation of this
Agreement, the Company reserves the right to seek all remedies
available by law and in equity.
For Canadian
Customers: Please note that when you place an order to purchase
on this Website, it constitutes an offer to purchase and remains
subject to the Company's acceptance. Goods or services listed or
described on this Website constitute an invitation to make an
offer to purchase.
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2. Privacy
Information collected by the Company about you will be treated in
accordance with our privacy policy ("Privacy Policy").
This Privacy Policy can be found at
www.trustfax.com/privacy.
If the Company decides to change its privacy practices, the
Company will post a revised Privacy Policy at this location so
you 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 in effect at the time the
information was collected. If the Company makes any material
changes to its privacy practices or material changes to how your
information is treated, the Company will notify you via email.
You will have a choice as to whether or not the Company uses your
information in this different manner. However, if you have
deleted/deactivated your Account, then you will not be contacted,
nor will your personal information be used in this new manner.
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3. 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 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
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 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), or (2) any other type of information that imposes
independent obligations upon the Company. 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 the Services;
(b) maintain the security of your PIN number and other
confidential information relating to your account and; (c) be
responsible for all charges resulting from use of your account,
including unauthorized use prior to your notifying Company of
such use and taking steps to prevent its further occurrence.
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4. Unsolicited Fax Advertisements/SPAM Drop-Box
Policy
The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer
Protection Act 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 and may be considered a material violation of this
Agreement. The Company reserves the right to terminate the Agreement and purse other legal remedies available to it;
or any combination of these remedies. 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.
Company understands that receipt of such faxes can impair your use of our Services. Accordingly, Company may use legally
available means to prevent distribution and receipt of unsolicited fax advertisements to or by our customers. At Company's
option and without further notice, Company 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 if the fax contains a telephone number, fax number, or other contact information to
"unsubscribe" from receipt of additional junk faxes, that you please do so. Please contact customer service if
you have questions regarding unsolicited fax advertisements.
You hereby acknowledge and agree that the Company 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 the Company.
Because our fax 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 fax number.
The Company does not permit its Customers to use their fax number as a "drop-box" for responses to email or fax spam offers.
If you believe you are in receipt of email or fax spam that uses a fax number as a "drop-box" for responses, and 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 unsubscribe accordingly. Please contact customer service if you believe your
number has been used as a "drop-box."
We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make your
Company experience a positive one for you.
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5. Termination or Suspension
a. By You
You may terminate your account at any time, with or without
cause, upon notice, by following the instructions provided
at
www.trustfax.com/cancel. Your
account will not be deemed terminated unless and until you
receive an email confirming the termination of your account.
b. By the Company
The Company may terminate or suspend your Account at any time,
with or without cause, upon notice. The Company reserves the
right to do so without prior notice, provided that the Company
will attempt to confirm such termination or suspension by
subsequent notice. In addition, the Company reserves the right
to suspend or terminate your Account without notice upon
rejection of any credit 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. The
Company reserves the right to limit use of the Services or to
terminate any account if we believe unreasonable usage has
occurred on such account or if the Services are used in a manner
that is not permitted by this Agreement. Such termination does
not relieve you of your obligation to pay for the Services. If
your account is suspended or terminated and the Company later
reactivates your account, the Company may charge you a
re-activation fee of $25. The Company also reserves the right to
take any action with respect to the Services that it 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 others or
cause the Company to lose (in whole or in part) the services of
the Company's suppliers.
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6. Customer Representation
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 the Services (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. If you sign up on behalf of an entity, you agree
and acknowledge that you have authority to bind the entity to
this Agreement. You also agree and acknowledge that you are
responsible for all individual users who access and/or use the
Services through your Account. Accordingly, the terms,
conditions, restrictions and obligations of this Agreement
(excluding your payment obligations to the Company) shall be
construed to also apply to all users who utilize your TrustFax
Account and you shall be liable for any breach hereof by any user
of your TrustFax Account.
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7. Modifications to Customer Agreement
The Company may automatically amend this Agreement at any time by
posting a revised Agreement on the Website, and if the amendments
are material by sending information regarding the amendment to
the email address you provide to the Company. YOU ARE RESPONSIBLE
FOR REGULARLY REVIEWING THE WEBSITE TO OBTAIN TIMELY NOTICE OF
SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH
AMENDMENTS BY CONTINUING TO USE 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. The Company reserves the right to modify or discontinue
any of the Services with or without notice to you and the Company
shall not be liable to you or any third party should the Company
exercise its right to do so.
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8. Modifications to 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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9. Member Account, PIN, and Security
As part of the registration process, you will be required to
provide an email address and select a user name and password.
Once you become a registered user, your fax number will be
automatically sent to you by email. You may change your password
to protect your fax messages after logging in to the Website. You
are entirely responsible for maintaining the confidentiality of
your user name, password, fax number and account information.
Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to
immediately notify the Company of any unauthorized use of your
account or any other breach of security known to you.
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10. Disclaimer of Warranties and Limitation of
Liability
ALL COMPANY SOFTWARE AND SERVICES ARE PROVIDED "AS IS,"
AND NEITHER THE COMPANY 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. THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE COMPANY
SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF
PERFORMANCE OR QUALITY. THE COMPANY RESERVES THE RIGHT TO MAKE
THE SERVICES INOPERABLE IN ORDER TO CONDUCT MAINTENANCE AND
UPGRADES, AND DEPENDING ON CIRCUMSTANCES MAY NOT INFORM CUSTOMERS
IN ADVANCE OF ANY SUCH DOWNTIME. THE COMPANY AND EACH OF ITS
LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, COMPATIBIILITY, SECURITY OR ACCURACY.
YOUR USE OF THE SERVICES AND ALL COMPANY SOFTWARE AND SERVICES IS
AT YOUR OWN RISK. YOU ASSUME FULL RESPONSONSIBILITY AND RISK OF
LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER
MATERIAL (INCLUDING COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR
INDIRECTLY FROM THE COMPANY. YOU AGREE THAT NEITHER THE COMPANY
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 THE SERVICES OR ANY OTHER
COMPANY SOFTWARE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT
THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS,
EVEN IF THE COMPANY OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY
OF THE COMPANY AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR
EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES AND
SOFTWARE 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 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 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.
NEITHER
THE COMPANY 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 THE
COMPANY'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.
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
AND/OR PRODUCTS OF THE COMPANY.
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11. Charges
a. Payment
You agree to pay all charges for your use of the Services at the
prices then in effect. All charges will be exclusive of value
added ("VAT"), sales or other taxes, except as
required by law. We may amend your pricing plan, including but
not limited to any charges thereto, at any time either by (a)
posting pricing plan changes on the Website, or (b) sending
information regarding the pricing plan changes to the email
address you provided to us. You are responsible for regularly
reviewing such pricing plan information. Continued use of the
Services, or non-termination of your account, after changes are
either posted or emailed to you constitutes your acceptance of
the pricing plan as modified.
Your account
balance is due monthly in the currency in which billed and,
unless you have a qualified business account, will be charged to
any of the credit or debit cards you designated to the Company.
If your account is a qualified business account and is approved
by the Company for corporate billing, charges will be
accumulated, identified by Customer identification number and
invoiced on a monthly basis.
b. Credit or Debit Card Payments
If the payment method for your account is by credit or debit
card and payment is not received by the Company from the card
issuer or its agents, you agree to pay all amounts due upon
demand by the Company. Until the Services are terminated in
accordance with the Company's cancellation and verification
procedures, as may be established by the Company from time to
time in its sole discretion, you agree and reaffirm that the
Company is authorized to charge your designated cards. Your card
issuer's agreement governs your use of your designated card in
connection with the Services, and you must refer to such
agreement (not this Agreement) with respect to your rights and
liabilities as a cardholder. You agree that the Company 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 the Company 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.
c. Fees
Your activation fee (also referred to as a sign-up fee), monthly
service fees, usage fees, and/or storage fees are COMPLETELY
NON-REFUNDABLE. You agree that the Company may submit charges
for all applicable fees each month via your invoice, without
further authorization from you, until the Services are
terminated in accordance with the Company's cancellation and
verification procedures, as may be established by the Company
from time to time in its sole discretion. Such termination will
not affect charges submitted before the Company reasonably could
act on your notice. Charges which apply in arrears will apply
for the entire current billing period in which you terminate. If
you have any question regarding any charges that have been
applied to your account, you must contact the Company'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 the Company in accordance with this
Agreement.
Per page usage includes pages
received or sent through the Services. For each transmission
(sending or receiving), the number of pages is calculated based
on the greater of the actual number of pages or the number of
full or partial 60-second increments of transmission time. You
agree that the Company may submit charges for such usage charges
as and when such charges are incurred or by accumulating such
charges (in the sole discretion of the Company), without further
authorization from you, until you provide prior notice (in
accordance with Company's cancellation and 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 cards. Such
notice will not affect charges submitted before the Company
reasonably could act on your notice. If you are using the
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 the Company.
With respect to the outbound faxing service, please be
advised that the Company will bill you for one page for each
attempt made to send the fax, such as instances when someone
answers the call or transmission is interrupted before
completion.
d. Annual Pricing Terms and Additional Fees
If you subscribed for the Services for a fixed number of months
(e.g., an annual plan or multi-month plan), your pre-paid fees
are payable in advance and are COMPLETELY NON-REFUNDABLE. In
addition, your pre-paid fee for the designated period
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 cancellation and 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.
Annual plan accounts may incur additional charges for
usage-based services and/or storage fees in accordance with your
current pricing plan/subscription. Additional charges 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 cancellation and verification procedures, as may be
established by the Company from time to time in its sole
discretion).
e. Fax Storage
While your account is active, the Company will store fax
messages received through your fax number for a period of up to
30 days at no cost. Faxes stored in the web interface after 30
days will incur a charge of $.01 per fax, per month. To avoid
storage fees, you can conveniently set your Account Settings on
your account to automatically delete faxes after 30 days. You
acknowledge that the Company may change its practices and
limitations concerning storage of fax messages, including
without limitation, 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 that will be allotted on
the Company's servers on your behalf, at any time, as provided
for in Section 7. You further agree that the Company has no
responsibility or liability whatsoever for the deletion or
failure to store any fax messages and/or other communications
maintained or transmitted by the Service.
f. Free Trial Periods
If you subscribed for the Services pursuant to a special offer
granting you a free trial period, your activation fee and
initial monthly service fee may 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 the
Services are terminated in accordance with the Company's
cancellation and verification procedures, as may be established
by the Company from time to time in its sole discretion. Such
termination will not affect charges submitted before the Company
reasonably could act on your notice. Any usage in excess of any
free pages, and any usage incurred from sending any
International faxes will apply and will be immediately charged
to your designated credit cards, without further authorization
from you.
g. Deposits
Prepaid charges and/or subscriptions require an initial deposit
which is due and payable in advance by deposit of a fixed amount
in accordance with the pricing plan/subscription selected. This
deposit will be immediately charged to your credit or debit card
without further authorization from you. Your deposit will
thereafter be depleted according to the rates specified by the
pricing plan/subscription you selected upon enrollment.
Thereafter, each time your deposit is depleted to the minimum
amount specified by the pricing plan/subscription selected,
another fixed amount deposit in the same amount as the prior
deposit will be immediately charged to your credit or debit
card, without further authorization from you, which deposit will
thereafter be depleted according to the rates specified by the
pricing plan/subscription you selected upon enrollment You agree
that the Company may submit charges for these deposits without
further authorization from you, until you provide prior notice
(in accordance with the Company's cancellation 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 cards. Such
notice will not affect charges submitted before the Company
reasonably could act on your notice. Unused balances from
previous deposits are not refundable.
h. Changes in Account Information
You must promptly notify the Company 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 account. You must also promptly
notify the Company if your card is canceled (e.g., for loss or
theft). In order to avoid interruptions in the Service 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) where this is not prohibited by law. YOU
UNDERSTAND AND AGREE THAT THE COMPANY IS ENTITLED TO OBTAIN SUCH
UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.
i. Credits
Company may, from time to time, award you a gift balance, which
is a non-refundable credit applicable toward usage balances
only. Gift balances have no cash value. Effective on May 1,
2010, gift 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. Company reserves the right to limit gift
balances to a maximum of $5 per customer. In addition, Company
may offer other incentives or issue other credits from time to
time, each of which is subject to the specific terms of the
applicable offer or credit. Company reserves the right to modify
these credits or offers at any time with or without notice.
j. Late Fees
A late fee of U.S. $4.95 (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 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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12. Ownership
All programs, services, processes, designs, software,
technologies, trademarks, trade names, inventions and materials
comprising the Company Service are wholly owned by the Company
and/or its licensors and service providers except where expressly
stated otherwise. You may not use the Company's trademarks, trade
names, patents, copyrights or other intellectual property rights
without the Company's prior written permission.
IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE
SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE COMPANY 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. EXCEPT AS PROHIBITED BY APPLICABLE
LAW, ANY SUCH CHARGES WILL GIVE THE COMPANY THE RIGHT TO
IMMEDIATELY TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT NOTICE.
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13. Customer of Record of the Telephone
Numbers
YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE TELEPHONE
NUMBER(S) THAT ARE PROVIDED AS PART OF THE SERVICES ONLY UNTIL
THE END OF THE TERM OF YOUR AGREEMENT WITH THE COMPANY OR UNTIL
THE COMPANY NO LONGER PROVIDES YOU WITH SERVICE UNLESS YOU
SATISFY THE PROVISIONS IN SECTION a BELOW. THE COMPANY IS
GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH TELEPHONE
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 TELEPHONE NUMBER(S) PROVIDED AS PART OF
THE SERVICES AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH
RESPECT THE NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN
RIGHTS RELATING TO PORTING OF THE 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 THE TELEPHONE 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 THEREFORE THE
COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT
ANY TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICE UNLESS
YOU SATISFY THE PROVISIONS IN SECTION a BELOW FOR PORTING OUT THE
NUMBER. YOU UNDERSTAND AND AGREE THAT 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 UNLESS YOU SATISFY THE PROVISIONS
IN SECTION a BELOW FOR PORTING OUT THE NUMBER(S). IN THE EVENT
YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY
RETURN THE NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT
EQUAL TO US $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU
AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE
ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE
THE NUMBER(S) TO BE SO RETURNED. 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 THE COMPANY'S LOSS AND
THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-US JURISDICTIONS DO
NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE
TELEPHONE NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS
MAY NOT APPLY IF YOU OR THE NUMBER(S) ASSIGNED TO YOU ARE 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-US LAW, YOU
MAY "PORT OUT" SUCH NUMBER(S) IN CONNECTION WITH
TERMINATING YOUR ACCOUNT ONLY IF, AND 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) OR THE NUMBER(S) YOU PORTED IN ASSOCIATED WITH THE
TERMINATED ACCOUNT 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 THE COMPANY 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 $40 (OR THE EQUIVALENT IN
LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE THE
COMPANY TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT FOR
THE ADMINISTRATIVE FEE IN SUBSECTION (iv). THE PORTING PROCESS
CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR ACCOUNT WITH
THE COMPANY 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 REMAINS
THE CUSTOMER OF RECORD OVER 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 CARD THE US$500 (OR THE EQUIVALENT IN LOCAL
CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE IN THIS SECTION.
YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE
REQUIREMENTS SET FORTH IN THIS SECTION 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
ACCOUNT FOR ANY REASON, SUCH COMPANY NUMBER MAY BE RE-ASSIGNED
IMMEDIATELY TO ANOTHER CUSTOMER, AND 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 COMPANY 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 COMPANY 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.
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14. Indemnification
You agree to indemnify the Company 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 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,
including but not limited to any violation of any laws or
regulations prohibiting transmission of unsolicited faxes.
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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.
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16. Participation in Promotions of Advertiser
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. The Company assumes no liability, obligation or
responsibility for any part of any such correspondence or
promotion.
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17. Notices; Consent
Notices given by the Company to you will be given by email,
phone, fax or by a general posting on the Company Website, or by
conventional mail. In any matter requiring Company's prior
consent, such consent will be considered given only if made in
the foregoing manner by an authorized representative of Company.
Notices given by you to Company must be given by email or by
conventional mail (subject, however, to the Company's
verification procedures, as may be established by Company from
time to time in its sole discretion, and which may include the
requirement that you contact Company by phone so as to confirm
that any such notice was in fact sent by you). Notices to Company
by conventional mail must be sent to the Company at j2 Cloud Services,
6922 Hollywood Blvd., 5th Floor, Los Angeles, CA 90028 U.S.A.
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18. 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
COMPANY SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR
THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU
EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR
DISPUTE ARISING FROM THE USE OF COMPANY SOFTWARE OR 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 LOS ANGELES 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. 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, 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 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.
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19. Consumer Rights
Under California Civil Code Section 1789.3, California Customers
are entitled to the following specific consumer rights
information:
1. Pricing Information. Current rates for using the
Service may be obtained by calling Customer Service. The Company
reserves the right to change recurring or usage fees and
surcharges or to institute new fees at any time, as provided for
in the Section entitled "Modifications to this Agreement
and to the Services" above.
2. 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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20. LEGAL NOTICES
a. Trademark Information
TrustFax™ is a trademark of the Company in the United
States and other countries ("Trademark"). The
Company's trademarks may be used publicly only with written
permission from the Company. You agree that your use of the
Trademark or any other trademark of the Company shall be
strictly limited to your use of the Services and in compliance
with the Agreement. If you use the Trademark or any other
trademark of the Company in a nominal "fair use"
manner, you agree to include proper acknowledgement of the
Company's trademark rights to any such use.
b. Single Copy License
The materials at the TrustFax website,
www.trustfax.com
and the web pages within it (the "Site"), are
copyrighted and any unauthorized use of such materials may
violate copyright, trademark and other laws. You may download
one copy of the information or software ("Materials")
found on the Site on a single computer for your personal,
non-commercial internal use only unless specifically licensed to
do otherwise by the Company in writing or as allowed by any
license terms which accompany or are provided with individual
Materials. This is a license, not a transfer of title, and is
subject to the following restrictions: you may not:
1. Modify the Materials or use them for any commercial purpose,
or any public display, performance, sale or rental;
2.
Decompile, reverse engineer or disassemble software Materials
except and only to the extent permitted by applicable law;
3. Remove any copyright or other proprietary notices from the
Materials;
4. Transfer the Materials to another person.
You agree to prevent any unauthorized copying of the Materials.
c. Termination of this License
The Company may terminate this license at any time if you are in
breach of the terms of this Agreement. Upon termination, you
will immediately destroy the Materials.
d. Ownership of Materials
Materials are copyrighted and are protected by worldwide
copyright laws and treaty provisions. They may not be copied,
reproduced, modified, published, uploaded, posted, transmitted
or distributed in any way without the Company's prior written
permission. Except as expressly provided herein, the Company and
its suppliers do not grant any express or implied right to you
under any patents, copyrights, trademarks or trade secret
information. Other rights may be granted to you by the Company
in writing or incorporated elsewhere in the Materials.
e. Links
Links provided on the Site are provided solely as a convenience
to you and the provision of any such link does not constitute
our endorsement of the linked website or its provider or of any
of the content, products or services contained or offered
therein. Your use of linked websites is subject to the
conditions, if any, that each of those websites has posted. You
agree that the Company is not responsible for the accuracy,
copyright compliance, legality, decency or any other aspect of
the contents, products, Services or any transmissions received
through such websites. You further agree that the Company has no
liability whatsoever from such third party websites and your
usage of them.
f. Disclaimer
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS
OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCENTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE
COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Company and its suppliers further do not
warrant the accuracy or completeness of the information, text,
graphics, links or other items contained within these Materials.
The Company may make changes to these Materials, or to the
services described therein, at any time without notice. The
Company makes no commitment to update the Materials.
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21. 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, Company software, the 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 Cloud Services, 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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