This Agreement, which governs the terms and conditions of your use of RapidFAX's services (the "Services"), is between you ("you" or "Customer"), as an authorized user of such services, and RapidFAX. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by RapidFAX (collectively, the "Agreement"), constitutes the entire agreement between RapidFAX and you regarding the Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by RapidFAX related to the Services shall be pursuant to a separate agreement governing your use of such software.
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 RapidFAX's acceptance. Goods or services listed or described on this Website constitute an invitation to make an offer to purchase.
If you begin the sign up process for the Services but fail to complete the process, RapidFAX may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize RapidFAX to make such contact, even if you ultimately determine not to sign up for the Services.
Services
Fax Storage
Privacy
Customer Responsibilities
Unsolicited Fax Advertisement/Spam Drop-Box Policy
Termination
Customer Representations
Modifications to Customer Agreement
Modifications to Services
Member Account, PIN, and Security
Disclaimer of Warranties and Limitation of Liability
Charges
Termination or Suspension for Non-Payment
Ownership
Indemnification
Resale of the Services
Participation in Promotions of Advertiser
Notices; Consent
General Terms
Legal Notices
The RapidFAX service includes, without limitation a personal local or toll-free telephone number that provides for the delivery of faxes to electronic mail ("email") or the Web and outbound faxing from email or from the Web. For purposes of this Agreement, "Services" are defined as the services described above together with any and all other services provided by RapidFAX to you either now or in the future. By using the Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
While your account is active, RapidFAX 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 longer than 30 days will incur a charge of $.05 per fax (or the equivalent in local currency), 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 RapidFAX 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 RapidFAX's servers on your behalf, at any time, as provided for in Section 9. You further agree that, subject to applicable law, RapidFAX has no responsibility or liability whatsoever for the deletion of or failure to store any fax messages and/or other communications maintained or transmitted by the Service.
RapidFAX is dedicated to establishing trusting relationships with its customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, a current copy of which is available at link to the RapidFAX privacy policy page.
If we decide to change our privacy practices, we will post those changes on the Privacy section of our website, and other places we deem appropriate, so our customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use customers' personally identifiable information in a manner different from that stated at the time of collection we will notify customers via email. Customers will have a choice as to whether or not we use their information in this different manner. However, if customers have opted out of all communication with RapidFAX or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect customer information already stored in our database, we will post a prominent notice on our Web site notifying customers of the change. In some cases where we post a notice of changes to our Privacy Policy, we will also notify via email those customers who have opted to receive email communications from us.
You are fully responsible for the contents of your transmissions through the Services. RapidFAX simply acts as a passive conduit for you to send and receive information of your own choosing. However, RapidFAX reserves the right to take any action with respect to the Services that RapidFAX deems necessary or appropriate in its sole discretion if RapidFAX believes you or your information may create liability for RapidFAX, compromise or disrupt the Services for you or other customers, or cause RapidFAX to lose (in whole or in part) the services of RapidFAX'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 any illegal purpose; (3) not to interfere with 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 activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (b) maintain the security of your PIN number, login credentials, and other confidential information relating to your account and; (c) to the full extent permitted by applicable law, be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying RapidFAX of such use and taking steps to prevent its further occurrence.
The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act of 1991 (TCPA) (http://ftp.fcc.gov/cgb/consumerfacts/unwantedfaxes.html) 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.
At RapidFAX's option and without further notice, RapidFAX may use technologies and procedures, such as filters, that may terminate the transmission of 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.
RAPIDFAX works hard to block its numbers from being used by junk faxers. However, if you feel your number is being abused, please forward any questionable faxes to customerservice@RapidFAX. RAPIDFAX prohibits the use of its services for any illegal or illicit purpose.
You hereby acknowledge and agree that RapidFAX, as owner of all fax numbers used by the Services, has any and all rights (but no obligation) to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited fax advertisements, including but not limited to claims under the TCPA and similar laws of any other country, state or province, and, to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to RapidFAX as consideration for its provision of the services under this Agreement.
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 on your fax number facsimile advertisements of the commercial availability or quality of any property, goods, or services from persons with whom you have not established a business relationship.
RapidFAX 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, we ask that you take the following steps:
We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the RapidFAX experience a positive one for you.
Either you or RapidFAX may terminate your account at any time, with or without cause, upon notice. Any such notice by you to RapidFAX must be in accordance with RapidFAX's verification procedures, as such procedures may be established and changed by RapidFAX from time to time in its sole discretion, and which may include the requirement that you contact RapidFAX by phone to confirm that any such notice was in fact sent by you. RapidFAX also reserves the right to terminate or suspend your account without prior notice, provided that RapidFAX will attempt to confirm such termination or suspension by subsequent notice.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, 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, without limitation, minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
Except to the extent prohibited by applicable law, RapidFAX may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the RAPIDFAX website at www.RapidFAX (the "Website"), and/or (b) sending information regarding the amendment to the email address you provide to RapidFAX. 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 RapidFAX.
RapidFAX reserves the right to modify or discontinue any of the Services with or without notice to you. RapidFAX shall not be liable to you or any third party should RapidFAX exercise its right to modify or discontinue the Services.
As part of the registration process, you will be required to provide an email address and select a password. Once you become a registered user, your fax number will be automatically sent to you by email. You may change your password after logging in to the RapidFAX Website. You are entirely responsible for maintaining the confidentiality of your login credentials, password and account information. Furthermore, except as otherwise set forth by applicable law, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify RapidFAX of any unauthorized use of your account or any other breach of security known to you.
ALL RAPIDFAX SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER RAPIDFAX 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. RAPIDFAX DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT RAPIDFAX SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. RAPIDFAX 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. RAPIDFAX AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBIILITY, SECURITY OR ACCURACY.
YOUR USE OF THE SERVICES AND ALL RAPIDFAX 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 RAPIDFAX SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM RAPIDFAX. YOU AGREE THAT NEITHER RAPIDFAX 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 RAPIDFAX SOFTWARE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF RAPIDFAX OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF RAPIDFAX 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 RAPIDFAX 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 RAPIDFAX 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 RAPIDFAX'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 RAPIDFAX, IN EVALUATING THE SERVICES AND/OR PRODUCTS OF RAPIDFAX.
Except as otherwise provided by applicable law:
You agree to pay all charges for your use of the Services at the prices then in effect. RapidFAX reserves the right to charge value-added taxes("VAT"), sales or other taxes on the Services as it deems appropriate. RapidFAX reserves the right to change prices or institute new charges for access to or use of the Services. All changes will be posted by RapidFAX on the Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services 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 account balance is due monthly, in accordance with your payment plan, and, unless you have a qualified business account, must be made in the currency in which billed by the credit or debit card designated by you for use by RapidFAX. If your account is a qualified business account and is approved by RapidFAX for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
If the payment method for your account is by credit or debit card and payment is not received by RapidFAX from the card issuer or its agents, you agree to pay all amounts due upon demand by RapidFAX. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that RapidFAX is authorized to charge your designated card. 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 RapidFAX 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 RapidFAX 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.
Your activation fee and monthly or annual service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, RapidFAX may submit charges for your monthly service fee each month, and for annual subscriptions, RapidFAX may submit charges for your annual service fee annually. In addition, RapidFax may submit charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of RapidFAX) for per page usage fees, storage fees or any other usage based or other service fees as RapidFAX may introduce from time to time. In each case, these charges may be submitted without further authorization from you, until you provide prior notice (in accordance with RapidFAX's verification procedures, as may be established by RapidFAX from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before RapidFAX reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact RapidFAX's Customer Service Department within thirty (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 RapidFAX in accordance with this Agreement.
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 RapidFAX.
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. With respect to the outbound faxing service, please be advised that RapidFAX will bill you for each attempt made by RapidFAX to send the fax where any transmission occurs whether or not the transmission is completed, such as instances when someone answers the call or transmission is interrupted before completion.
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 will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with RapidFAX's verification procedures, as may be established by RapidFAX from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before RapidFAX reasonably could act on your notice.
If you subscribed for the Services pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your initial monthly service fee for the month immediately following your pre-paid period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT(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 pre-paid period, unless you provide prior notice (in accordance with apidFAX's verification procedures, as may be established by apidFAX from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before apidFAX reasonably could act on your notice.
You must promptly notify RapidFAX 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 RapidFAX if your card is canceled (e.g., for loss or theft).
Subject to any applicable laws, RapidFAX reserves the right to suspend or terminate your 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 RapidFAX when RapidFAX believes you are liable for the charge. Upon suspension of your services, RapidFAX may continue to receive your inbound faxes, and hold your faxes in escrow until RapidFAX has received any outstanding payments. Upon receipt of any delinquent payments, RapidFAX will promptly provide access to any faxes held in escrow. Such rights are in addition to and not in lieu of any other legal rights or remedies available to RapidFAX.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by RapidFAX and/or its licensors and service providers except where expressly stated otherwise. You may not use RapidFAX trademarks, trade names, patents, copyrights or other intellectual property rights without RapidFAX prior written permission.
YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY FAX NUMBER ASSIGNED TO YOU BY RAPIDFAX. OWNERSHIP OF ANY SUCH FAX NUMBER IS VESTED SOLELY IN RAPIDFAX (AND YOU ARE GIVEN A REVOCABLE LICENSE TO USE SUCH NUMBER IN ACCORDANCE WITH THE PREVAILING TERMS OF USE AS SPECIFIED IN THIS AGREEMENT). YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE THE FAX NUMBER ASSIGNED TO YOUR ACCOUNT TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY (ALSO SOMETIMES REFERRED TO AS “PORTING” THE TELEPHONE NUMBER). IN THE EVENT YOU ARE FOUND TO HAVE VIOLATED THIS PROHIBITION YOU AGREE TO IMMEDIATELY RETURN THE NUMBER TO RAPIDFAX AND PAY TO RAPIDFAX AN AMOUNT EQUAL TO $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE RAPIDFAX TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM AND DAMAGES CAUSED TO RAPIDFAX FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF RAPIDFAX’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 FAX NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY. HOWEVER, EVEN IF IN YOU ARE ENTITLED TO PORT SUCH FAX NUMBER, YOU UNDERSTAND AND AGREE THAT IT MAY NOT BE POSSIBLE TO DO SO, E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON.
IF YOU “PORTED IN” A TELEPHONE NUMBER IN CONNECTION WITH YOUR USE OF THE SERVICE OR ARE ENTITLED TO “PORT OUT” A FAX NUMBER UNDER LOCAL LAW, YOU MAY “PORT OUT” THAT NUMBER UPON TERMINATION OF YOUR ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO RAPIDFAX OF YOUR INTENTION TO “PORT OUT” THE TELEPHONE NUMBER 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 OUR TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; AND (iii) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, RAPIDFAX HAS RECEIVED AN ADMINISTRATION FEE TO COVER ITS COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF (A) $40 (OR THE EQUIVALENT IN LOCAL CURRENCY) IF YOU “PORTED IN” THE TELEPHONE NUMBER OR (B) THE LESSER OF $100 (OR THE EQUIVALENT IN LOCAL CURRENCY) OR THE MAXIMUM PERMITTED UNDER LOCAL LAW IF YOU ARE ENTITLED TO “PORT OUT” A FAX NUMBER UNDER LOCAL LAW. YOU HEREBY AUTHORIZE RAPIDFAX TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT OR TO OTHERWISE ARRANGE TO MAKE THIS PAYMENT TO RAPIDFAX WITHIN THE PORTING NOTICE PERIOD. IF YOU FAIL TO SATISFY THESE REQUIREMENTS, ANY TELEPHONE NUMBER YOU “PORTED IN” WILL BECOME THE SOLE AND EXCLUSIVE PROPERTY OF RAPIDFAX.
YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR ACCOUNT FOR ANY REASON, SUCH FAX NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT RAPIDFAX 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 RAPIDFAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU FURTHER UNDERSTAND AND AGREE THAT RAPIDFAX MAY FROM TIME TO TIME NEED TO CHANGE THE FAX NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN RAPIDFAX'S CONTROL). YOU AGREE THAT RAPIDFAX WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE 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 RAPIDFAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE NUMBER ASSIGNED TO YOU BY RAPIDFAX 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 APPLICCABLE LAW, ANY SUCH CHARGES WILL GIVE RAPIDFAX THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR ACCOUNT WITHOUT NOTICE.
You agree to indemnify RapidFAX 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 fax advertisements.
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.
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. RapidFAX assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Notices given by RapidFAX to you will be given by email or by a general posting on the Website, or by conventional mail. In any matter requiring RapidFAX's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of RapidFAX. Notices given by you to RapidFAX must be given by email or by conventional mail (subject, however, to RAPIDFAX's verification procedures, as may be established by RapidFAX from time to time in its sole discretion, and which may include the requirement that you contact RapidFAX by phone so as to confirm that any such notice was in fact sent by you). Notices to RapidFAX by conventional mail must be sent to RapidFAX at 6922 Hollywood Blvd. Ste # 500, Hollywood, CA 90028, U.S.A.
THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF RAPIDFAX SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF RAPIDFAX 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; provided nothing in this section shall restrict either of the parties from resorting to the courts of any jurisdiction in order to collect, enforce or execute any judgment obtained in the federal or state courts located in the State of California. 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. RapidFAX's failure to act with respect to a breach by you or others does not waive RapidFAX'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. RapidFAX shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond RapidFAX's reasonable control. Parental control protections (such as commercially available computer hardware, software, or filtering services) 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.
Under California Civil Code Section 1789.3, California Customers are entitled to the following specific consumer rights information:
Pricing Information. Current rates for using the Service may be obtained by calling our Customer Service department. RapidFAX reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time, as provided for in Section 12 above.
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.