RESTRICTIONS ON USE OF CONTENT
The content of this Site, such as all software, design, text, graphics, artwork, images, photographs, audio clips, video clips, digital downloads, button icons, and other material, including the selection and arrangements thereof (the “Material”), are the property of FAX.PLUS and/or Its subsidiaries, affiliates, assigns, licensors, and the Site’s design, hosting, network and programming vendors (collectively “operational service providers”). The Material is protected, without limitation, pursuant to international copyright, trademark, and other applicable laws, and the unauthorized copying, displaying, or other use of any of the Site’s Material may violate one or more of these laws.
You are hereby granted permission to access the Material from the Site in whole or in part, solely for your use by viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the terms of this Agreement. If pursuant to an authorization from FAX.PLUS you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by FAX.PLUS. Neither title nor intellectual property rights are transferred to you, but remain with FAX.PLUS, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software to a perceivable form. FAX.PLUS does not grant you any permission to use the Material other than the permission expressly stated in this Agreement.
This Site and/or the Services may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages, or other materials (“Postings”), whether publicly posted or privately transmitted. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site or FAX.PLUS, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit, or otherwise make available via the Site or the Services. Users may not: 1) post or transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post or transmit it; 2) post or transmit material that reveals trade secrets, unless you own them or have the permission of the owner to do so; 3) post or transmit material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; 4) post or transmit material that is considered by us , in our sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortious, abusive, hateful, embarrassing, or harmful to another user or any other person or entity; 5) post a sexually-explicit image or statement; 6) post advertisements or solicitations of business; 7) post chain letters or pyramid schemes; 8) post any incomplete, false, fraudulent, or inaccurate biographical information or general information that is not your own information; or 9) impersonate another person.
FAX.PLUS does not represent or guarantee the truthfulness, accuracy, timeliness, or reliability of Postings by users and does not endorse any opinions that may be expressed by any user. You further agree that any reliance on such Postings by other users will be at your own risk. We do not regularly review, screen, or monitor the Site, and we assume no obligation to do so and will not be liable or responsible to any user for performance or nonperformance of such material. If notified by a user of any Posting or communication which allegedly does not conform to this Agreement, we may, in our sole discretion, investigate the allegation and may thereafter determine, in our sole discretion, whether or not to remove or request the removal of the material. You understand, acknowledge, and agree that we reserve the right to expel users and prevent their further access to the Site for violating this Agreement or any applicable law, and may remove communications which are considered to be, in our sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically, or otherwise objectionable.
If you upload or post, suggestions, problem reports, and design ideas to the Site, you automatically grant FAX.PLUS a royalty-free, universal, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, retransmit, translate, distribute, communicate to the public, publicly perform, or display such content (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this agreement. You also permit any other user to access, display, view, store, and reproduce such content for such user’s personal use. Subject to all of the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
This does not include any content you upload on your account in normal use of the Service.
USE OF SERVICE
If you have subscribed to FAX.PLUS’s Service, the Service is provided to you as a home or business user. This means that you are not permitted to resell or transfer the Service to any other person or entity for any purpose. You agree to limit your use of the Service to ordinary and usual home or office communications and not to use the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated or continuous use. FAX.PLUS reserves the right to immediately terminate or modify the Service, if FAX.PLUS determines, in its sole discretion, that the Service is being used for any of the aforementioned activities, subject to applicable law regarding such terminations.
Prohibited Uses: You agree to use the Service and Equipment only for lawful purposes and not to use them for transmitting or receiving any communication, content or material of any kind which, in FAX.PLUS’s sole judgment, is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable. FAX.PLUS reserves the right to terminate your Service immediately and without advance notice if FAX.PLUS, in its sole discretion, believes that you have violated the above restrictions, in which case you will be responsible for paying the Default Charges. You are liable for any and all use of your subscription by any person making use of the Service and agree to indemnify, defend and hold harmless the FAX.PLUS Indemnities from and against any and all claims, losses, damages, fines, penalties, costs, liabilities and expenses (including, without limitation, attorney fees and costs, including costs on appeal) incurred or suffered by any of such FAX.PLUS Indemnities (collectively, “Indemnifiable Damages”) arising out of any such use that fails to comply with this Section. If FAX.PLUS, in its sole discretion, believes that you have violated the above restrictions, FAX.PLUS may forward the objectionable material, as well as your communications with FAX.PLUS and your personally identifiable information to the appropriate authorities for investigation and prosecution.
You understand that we may preserve content and may disclose content, your name, telephone number, and other personal information, if required to do so by court order or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Comply with laws, regulations, rules, subpoenas, search warrants, or court orders.
Identify, contact, or bring legal action against someone who may be misusing the Service, a device, or both.
Regardless of your level of service, you acknowledge that FAX.PLUS may delete stored information exceeding 6 month from time of creation. This action however will be done in accordance to the governing state laws and regulations.
You have no ownership towards the local numbers provided to you by FAX.PLUS, and its sole owner is FAX.PLUS. These numbers will be provided to you according to the rules and regulations of the local number provider.
In case of an error or change in the telecommunications services provided by our vendors or any occurrence of discrepancies by third party vendors that may cause problems in FAX.PLUS service, FAX.PLUS holds no responsibility and you void any claim or objection in this regard.
In the case that your account does not have sufficient amount of credit to extend your monthly subscription, your number will be deactivated at the end of its one month period. Random numbers will be revoked from your account 2 weeks after deactivation and Custom and Golden numbers after a one month time period. Once your number is revoked, you will lose access to the number, its settings, archive and all its related data. Your local number might be allocated to someone else after it passes our internal allocation procedures.
SECURITY OF THE SERVICE
FAX.PLUS will take commercially reasonable precautions, including, without limitation, technical (e.g., firewalls and data transmission encryption), administrative and physical measures, to help safeguard Customer’s Account, Account Data, and Customer Content against unauthorized use, disclosure, or modification.
Customer must protect all End Points using industry-standard security measures. Customer is solely responsible to keep all user identifications and passwords secure. Customer must monitor use of the Services for possible unlawful or fraudulent use. Customer must notify FAX.PLUS immediately if Customer becomes aware or has reason to believe that the Services are being used fraudulently or without authorization by any End User or third party. Failure to notify FAX.PLUS may result in the suspension or termination of the Services and additional charges to Customer resulting from such use. FAX.PLUS will not be liable for any charges resulting from unauthorized use of Customer’s Account.
In all context of FAX.PLUS, by term dollar ($) we mean US Dollar (USD).
You agree to pay all charges for your use of the Services in accordance with the pricing plan you were offered and agreed to upon registering for the Services. FAX.PLUS may amend your pricing plan, including any charges thereto, at any time either by posting pricing plan changes on the FAX.PLUS Website, or sending information regarding the pricing plan changes to the email address you provided to FAX.PLUS. You are responsible for regularly reviewing such pricing information.
Most fax pages take less than sixty (60) seconds to transmit. However, for each outbound transmission, the number of pages sent is calculated based on the greater of the actual number of pages or the number of full and partial 60-second increments of transmission or connection time, whether or not the transmission occurs or is completed (such as instances when someone answers the call or transmission is interrupted before completion). For example, a one page fax with a transmission duration of 30 seconds is recognized as one page and a one page fax with a transmission duration of one minute and six seconds is recognized as two pages.
Unused inbound or outbound plan credits are valid in the month issued and expire at the conclusion of each applicable one month period (such credits do not roll over to the next month period). Credits have no cash value, and you will receive no cash refund in the event any unused credits remain in your account upon termination or closure of your account.
FAX.PLUS reserves the right to prevent fax submission to certain international destinations.
Taxes: You are responsible for, and shall pay, value-added tax, and all other taxes, now or in the future, that arise from or are imposed as your subscription. Such that amounts are in addition to all other charges for the Service and will be billed to your account.
Delinquent Accounts: If you fail to pay your bill when due for any reason, FAX.PLUS may suspend or terminate the service without prior notice. If we terminate your Service, your account will be terminated and all files, emails, settings, configuration and other data stored by FAX.PLUS will be deleted and your fax number(s) may be reassigned.
When you purchase subscription credit or any purchase directly from FAX.PLUS you will be entitled to a cancellation period of 24 hours (a “Cooling-Off Period”) unless you have made use of the credit in any way, in which case the Cooling-Off Period will be extinguished and your purchase cannot be cancelled or refunded.
Outside of the Cooling-Off Period, nothing is refundable.
Expenditure of FAX.PLUS Credit, allocation of a FAX.PLUS Number, or use of monetary facilities to “use” of subscription credit. You hereby expressly agree that FAX.PLUS Numbers may be allocated before the end of the Cooling-Off Period and become non-refundable upon allocation.
The Cooling-Off Period and refunds do not apply to Paid-For-subscription credit or any purchase that are (i) purchased via a third party partner of FAX.PLUS (please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund), (ii) not directly acquired online from FAX.PLUS (e.g. vouchers or pre-paid cards) (iii) paid for in cash using third party payment methods (such as a cash payment wallet) and (iv) paid for and allocated to your FAX.PLUS Account by a FAX.PLUS Manager, Administrator or another FAX.PLUS User.
FAX.PLUS reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (ii) if you are in breach of these Terms or (iii) if FAX.PLUS reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
Unless Customer has entered into a written agreement with FAX.PLUS to the contrary, Customer acknowledges that FAX.PLUS is not a “Business Associate” as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (“HIPAA”), and that the Services are not HIPAA compliant. Customer must not use, disclose, transmit or otherwise process any “Protected Health Information” as defined in HIPAA (“PHI”) through the Services. Customer agrees that we cannot support and have no liability for PHI received from Customer, notwithstanding anything to the contrary herein.
CHANGES TO AGREEMENT, SERVICE AND PRICING
WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO REFUSE SERVICE TO ANYONE FOR ANY REASON AND TO CHANGE OR CANCEL THE SERVICE, THE PRICE OF SERVICE AND PRODUCT AND/OR THIS AGREEMENT AT ANY TIME. EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, SUCH CHANGES OR CANCELLATIONS MAY BE MADE WITHOUT NOTICE AND WILL BE EFFECTIVE IMMEDIATELY UPON THE UPDATING OF THE SAME (OR A MODIFIED OR AMENDED VERSION OF THE AGREEMENT) ON THE WEB SITE AT HTTPS://WWW.FAX.PLUS/TERMS-SERVICE. UPDATED PRICES FOR YOUR USE OF FAX.PLUS SERVICES CAN BE FOUND AT HTTPS://WWW.FAX.PLUS/PRICING. YOUR USE OF THE SERVICE AFTER SUCH CHANGES OR CANCELLATIONS HAVE BEEN UPDATED ON THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE SAME. FOR THIS REASON, IT IS STRONGLY RECOMMENDED THAT YOU PERIODICALLY REVIEW THE WEB SITE.
MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF SITE
FAX.PLUS reserves the right, at its sole discretion and at any time, to modify or discontinue any portion of the Site or any of the products or services offered on the Site, on a temporary or permanent basis, with or without notice. You understand, acknowledge, and agree that FAX.PLUS will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the products or services offered by the Site.
INDEMNIFICATION AND LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL FAX.PLUS, ITS OWNER AND OPERATOR, PARENT COMPANY, CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS, AND FAX.PLUS’S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER.
APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND FAX.PLUS, THE SITE, MATERIALS, SERVICES, AND PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. FAX.PLUS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, FAX.PLUS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN ANY SERVICE OR PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK.
IF A DEFECT IN THE SERVICE CAUSED BY NEGLIGENCE AND MALPRACTICE OF FAX.PLUS CAUSES FINANCIAL DAMAGE TO YOU, AND THIS IS LEGALLY PROVED, FAX.PLUS PLEDGES TO PAY COMPENSATION UP TO A MAXIMUM CEILING OF 30% OF AMOUNTS PAID BY USER WITHIN THE TWELVE MONTH PERIOD PRECEDING THE DATE FAX.PLUS RECEIVES NOTICE OF SUCH CLAIMS.
LEGAL VENUE, GENERAL, AND CONTACT INFORMATION
This Agreement is governed by the internal substantive laws of the state of Geneva, Switzerland.
If any provision of this Agreement, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.