 Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on July 21, 2008.
This Terms of Use Agreement sets forth the standards of use of the Pay Per Fax, Inc.’s
Online Services for Registered Members. By using the PayPerFax.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on this website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. DESCRIPTION OF SERVICE
Pay Per Fax, Inc. is providing Members with online fax transmission and reception services (the “Services”). The Services, which include any future updates, feature additions or removals, and operational changes, are subject to these terms.
2. PAYMENT OF FEES
You agree to pay all fees incurred for your use of Pay Per Fax, Inc.’s Services. All fees will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. Pay Per Fax reserves the right to change fees or institute new charges for access to or use of Pay Per Fax’s Services. All fee changes will be posted on this website. You are responsible for regularly reviewing the current usage fees for our services.
You agree to pay in advance for all associated fees before completion of the services for that job. A job refers to the transmission or reception of a fax message. There are no activation or subscription fees. If the payment method for your Pay Per Fax account is by credit card and payment is not received by Pay Per Fax from the card issuer or its agents, you agree to pay all amounts due upon demand by Pay Per Fax.
If you have any question regarding any charges that have been applied to your account, you must contact the Pay Per Fax' 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 Pay Per Fax in accordance with this Agreement.
Pay Per Fax reserves the right to suspend or terminate your Pay Per Fax account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Pay Per Fax when Pay Per Fax 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 Pay Per Fax.
3. DOCUMENT SECURITY AND STORAGE
Pay Per Fax will store fax messages received through your Pay Per Fax account for a period of up to one year if the message was previously received, or 2 months if the message is not received due to the failure of logging into your account. In each case measured from the date of receipt of such message. Pay Per Fax shall maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of customer information in its possession. Customer acknowledges that Pay Per Fax may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes will be posted on this website. Customer further agrees that this feature is provided as a convenience to Customer only and Pay Per Fax has no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.
4. MEMBER ACCOUNT INFORMATION & SECURITY
In order to use the Services of Pay Per Fax, Inc., you will be required to open an account. This is done by completing the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under all fax and phone numbers and by all users associated with your account.
You agree to notify Pay Per Fax, Inc. immediately of any unauthorized use of your account or any other breach of security. Pay Per Fax, Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Pay Per Fax, Inc. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
5. PRIVACY & PROTECTION OF PERSONAL INFORMATION
Please view our Privacy Policy for disclosures relating to the collection and use of your information.
6. USE OF SERVICES & CUSTOMER RESPONSIBILITIES
You agree to provide true, current, accurate and complete customer information as prompted by the registration form and other forms on this website. You agree to promptly update any changes to this information as required to keep it current, complete and accurate, using the interfaces and available methods provided by Pay Per Fax, Inc..
Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Pay Per Fax, Inc. of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Pay Per Fax, Inc..
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 Pay Per Fax, Inc. 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.
You must (a) obtain and pay for all equipment and third-party services (e.g., telephone equipment) required for you to access and use the Services; (b) maintain the security of your password 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 Pay Per Fax, Inc. of such use and taking steps to prevent its further occurrence.
You agree to indemnify and hold Pay Per Fax, Inc. and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney's fees and expenses) arising out of your use of the service, your violation of the terms of this agreement, and the delivery of any of your documents using the service, or the infringement of any trademark or copyright by you.
7. NO RESALE OF SERVICES
The right to use the Services is personal to you and your authorized users. You or any authorized user agrees not to resell the use of the Services.
8. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Pay Per Fax server, or the network(s) connected to any Pay Per Fax server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Pay Per Fax server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You will not use or register the name Pay Per Fax, Inc. or any other trade name or trade mark of Pay Per Fax without express, prior permission, and you will not obstruct the identification procedures used by Pay Per Fax, Inc. in the services.
You represent that the information submitted for transmission via the Pay Per Fax network for Pay Per Fax services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, faxing, telemarketing, data privacy, international communications, and export of technical or personal data.
You are fully responsible for the contents of your transmissions through the Services. Pay Per Fax, Inc. simply acts as a passive conduit for you to send and receive information of your own choosing. However, Pay Per Fax, Inc. reserves the right to take any action with respect to the Services that Pay Per Fax, Inc. deems necessary or appropriate in its sole discretion if Pay Per Fax, Inc. believes you or your information may create liability for Pay Per Fax, Inc., compromise or disrupt the Services for you or other Customers, or cause Pay Per Fax, Inc. to lose (in whole or in part) the services of Pay Per Fax, Inc.'s ISPs or other suppliers. 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.
Pay Per Fax, Inc. has no control of the content of the information passing through the Services
Pay Per Fax, Inc. does not:
Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account,
Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party's copyright or other intellectual property right.
Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.
Pay Per Fax, Inc. reserves the right at all times to disclose any information as Pay Per Fax, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
9. OWNERSHIP
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Pay Per Fax Service are wholly owned by Pay Per Fax, Inc. and/or its licensors and service providers except where expressly stated otherwise.
You understand and agree that you are not the owner of any Pay Per Fax fax number (Pay Per Fax Number) assigned to you by Pay Per Fax. Ownership of any such Pay Per Fax Number is vested solely in Pay Per Fax (which will assign such number(s) to you for your use during the term of this agreement). You understand and agree that at the end of your Pay Per Fax Number reservation (30 minutes) or following the termination of your Pay Per Fax account for any reason, such Pay Per Fax Number may be re-assigned immediately to another customer for use, and you agree that Pay Per Fax 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 Pay Per Fax has been advised of the possibility of damages.
You further understand and agree that Pay Per Fax may from time to time need to change the Pay Per Fax Number assigned to you (whether due to an area code split, re-reservation, or any other reason whether outside or within Pay Per Fax 's control). You agree that Pay Per Fax will not be liable for damages (including consequential or special damages) arising out of any such change in the Pay Per Fax 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 Pay Per Fax has been advised of the possibility of damages.
You hereby acknowledge and agree that Pay Per Fax, Inc. as owner of all Pay Per Fax Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, CRTC 2001 - 193 and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to Pay Per Fax.
In particular, you agree that you are not authorized to charge services provided to you or at your request to the Pay Per Fax Number assigned to you by Pay Per Fax and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. You are responsible for any such charges, and any such charges will give Pay Per Fax the right to immediately terminate your Pay Per Fax account without notice.
10. UNSOLICITED FAX ADVERTISEMENT POLICY
The transmission of unsolicited fax advertisements is regulated in the United States under the Federal Telephone Consumer Protection Act and is also regulated under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited.
11. DISCLAIMER OF WARRANTIES
The Services are provided by Pay Per Fax, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Pay Per Fax, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Pay Per Fax, Inc. shall have no liability for any interruptions in the use of this Website. Pay Per Fax, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
12. LIMITATION OF LIABILITY
PAY PER FAX, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PAY PER FAX, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PAY PER FAX, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
13. INDEMNIFICATION
Member agrees to indemnify and hold Pay Per Fax, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
14. MODIFICATIONS AND INTERRUPTION TO SERVICE
Pay Per Fax, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Pay Per Fax, Inc. shall not be liable to Member or any third party should Pay Per Fax, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Pay Per Fax, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
15. THIRD-PARTY SITES
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
16. GOVERNING JURISDICTION OF THE COURTS
Our website is operated and provided in the State of Georgia. As such, we are subject to the laws of the State of Georgia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Georgia.
17. COMPLIANCE WITH LAWS
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees 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.
18. OTHER TERMS
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Pay Per Fax, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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