TERMS AND CONDITIONS This Agreement is entered into between EasyLink Services Corporation ("EasyLink") and you ("You" or "Customer"), and governs the terms and conditions of Your use of EasyLink's RapidFAX.com Messaging Services (the "RapidFAX.com Services"). This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference or published from time to time by EasyLink (collectively, the "Agreement"), constitutes the entire Agreement between EasyLink and You regarding the RapidFAX.com Services, and supersedes all prior agreements between the Parties regarding the subject matter of this Agreement. For purposes of this Agreement, "RapidFAX.com Services" or "Services" are defined as those on-line inbound fax-to-email, and outbound email-to-fax services provided to You by EasyLink and EasyLink affiliated companies, worldwide.
By using RapidFAX.com Services, you confirm your acceptance of, and agree to be bound by, this Agreement. BY CLICKING ON "I AGREE" OR BY ACCESSING, BROWSING, OR USING THIS SITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE GRANTED PERMISSION TO ACCESS OR USE THIS SITE AND OUR SERVICES. BY ACCEPTING THIS AGREEMENT, YOU WILL ALSO BE DEEMED TO HAVE (I) REPRESENTED AND WARRANTED THAT THE INFORMATION PROVIDED BY YOU IN THE APPLICATION IS TRUE AND CORRECT IN ALL RESPECTS AND THAT YOU WILL UPDATE SUCH INFORMATION IF IT CHANGES, (II) AGREED TO PAY ALL CHARGES TO YOUR ACCOUNT THAT YOU INCUR AS A RESULT OF USE OF THE SERVICES THROUGH YOUR ACCOUNT, AND (III) REPRESENTED AND WARRANTED THAT YOU ARE AT LEAST 18 YEARS OF AGE. USER NAME AND PASSWORD: Upon approval of Your Application, an account will be opened in Your name and a user name and password will be provided to You that will enable You to access EasyLink's www.rapidfax.com website and use the RapidFAX.com Services. Please remember that Your user name and password are unique to You and should not be communicated to any other person. UNDER NO CIRCUMSTANCES WILL ANY REPRESENTATIVE OR EMPLOYEE OF EASYLINK ASK FOR YOUR PASSWORD. By accepting this Agreement, You represent and warrant to EasyLink that You will not communicate Your user name and/or password to any unauthorized user. You agree to assume sole responsibility for all harm resulting from the use of the user name and/or password by anyone other than Yourself.
PRICING AND PAYMENT:
Customers will be charged a non-refundable one-time set-up fee, and thereafter a non-refundable monthly access fee for inbound Service (which also entitles You to the use of an individual inbound fax number), and a per page charge, all as set forth on the RapidFAX.com price list. EasyLink reserves the right to change its fees at any time, and such changes shall be effective upon publication on the RapidFAX.com website. All payments shall be via credit card, and the debit entry that will appear on your card each time shall be that of RapidFAX. If You choose to pay for the Services on an on-going basis, You will provide EasyLink with Your credit card number, together with your consent that such card can be debited to replenish Your account as needed, each time the amount in Your account decreases below the amount that You shall pre-select. You agree that RapidFAX.com may continue to submit charges for your monthly access fee each month, without further authorization, until you provide notice of termination or of a designated change in credit card. You can also choose to pay annually in advance, or accept a special offer for a fixed period, via credit card. All fees are payable in advance, and no Services will be provided unless Your account is fully funded to cover such Services. In addition, all payments are non-refundable. If you exceed the pages that are included with your package you will be charged for each additional page in accordance with our price list for additional pages. In this case, we will charge your credit card in increments of $5 will be applied against the charges for the additional pages with any excess applied as a credit against future charges. If you cancel your account all unused funds are non-refundable. As either a full member of the service or as a trial user "Included Sent Pages" do NOT include faxes to destinations outside of the United States which will be billed in accordance with our current price list.
Free Trial: If You sign up for RapidFAX under a special offer granting You a free trial period, Your signup fee and initial monthly service fee 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 free trial period, unless You provide notice prior to the end of the trial period that You wish to terminate this authorization. As with a full account the free trial does not include sending faxes to International destinations. If you wish to send faxes to a destination outside of the United States during Your free trial you will be billed a minimum of $5 to send your fax but you will not be billed your monthly fee until after the trial is completed.
If You sign up for a Send Only outbound account, You will be ask to select an automatically charged deposit amount in accordance with the RapidFAX price list. This amount will be used to pay for sending and receiving faxes. Each time Your Auto charge amount reaches $0.00 this amount will be automatically charged to replenish Your account without further authorization from You.
MESSAGE STORAGE: Your inbound and outbound fax messages will be stored and available for review on the RapidFAX system for a period of one month. After one month, they will be deleted from the system.
OWNERSHIP OF FAX NUMBERS: You understand and agree that You are not the owner of any RapidFAX number assigned to You. Ownership of such number is vested solely in EasyLink, which will assign such number to You for Your use during the Term of this Agreement. You understand and agree that following the termination of this Agreement for any reason, such RapidFAX number may be promptly assigned to another customer, and You understand and agree that EasyLink will not be liable for any damages to You by reason of such assignment.
ACCOUNT STATUS: Each time You log on, You will be able to access Your detailed account history for the most recent twelve (12) months of usage, provided on a monthly basis. CONTENT: EasyLink has no control of the content of the information passing through RapidFAX.com accounts. EasyLink does not represent or endorse the accuracy or reliability of any opinion, advice or statement made through a RapidFAX.com account, and shall have no liability for any harassing, offensive or obscene material distributed through a RapidFAX.com account, and for any material distributed through a RapidFAX.com account which is distributed in violation of any third party's copyright or other intellectual property right, or for any use of the Services that may violate federal, state, or local laws or regulations, including the distribution of unsolicited broadcast fax messaging.
PERMITTED USE: Customer represents and warrants that it will only use RapidFAX.com Services for lawful purposes and that its use of such Services will be in compliance with all federal, state and local laws and regulations including, without limitation, the provisions of the Telephone Consumer Protection Act. Customer represents and warrants that it will not use RapidFAX.com Services to 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, federal or other law or regulation. Customer represents and warrants that it will not use RapidFAX.com 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 such right holder. In addition, Customer warrants and represents that it will not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person or entity which has not given specific permission for the transmission of these communications, and further agrees not to attempt to gain unauthorized access to other computer systems. Customer shall not interfere with another customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
RapidFAX.com WEB SITE: Conditioned on Customer's continued compliance with this Agreement, EasyLink grants Customer a nonexclusive, nontransferable, limited license during the term of this Agreement to use and access the www.rapidfax.com website (the "Site"), all software, graphics and design elements contained in the Site ("Proprietary Elements") and all other information and materials regarding Your use of the Services contained in the Site ("Content"). Except as expressly permitted by EasyLink in writing, You may not copy, upload, post, transmit, download, modify, distribute, sell, sublicense, transfer, mirror, frame or create derivative works of the Site or any part thereof, or any Proprietary Elements or Content. Further, You may not use any meta tags or any other "hidden text" utilizing EasyLink's name, the RapidFAX.com mark, or any Proprietary Elements without EasyLink's prior written consent.
NATURE OF THE INTERNET: Customer acknowledges and agrees that the nature of the Internet is such that EasyLink cannot and does not guarantee access to the Site or its Services. EasyLink may, from time to time, temporarily suspend Your access without any prior notice to You. Moreover, You understand and agree that EasyLink will not be liable for any direct, indirect, incidental, special or consequential damages relating to any pranks, hoaxes, viruses, bugs or any other form of technological failure, natural disaster or security breach that may prevent or interrupt access to or use of the Site, or cause information or communications transmitted through RapidFAX.com accounts to be publicly disseminated or otherwise misdirected, or for any other mistake, omission, deletion of information or communications or error.
LINKS: EasyLink makes no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this Site or sites linking to this Site, and You agree that EasyLink has no responsibility for such links. Any linked sites are not under EasyLink's control, and EasyLink is not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes or updates to any such sites. Any linked sites are provided to You only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by EasyLink of the linked site or any information contained therein. When leaving this Site, You should be aware that the RapidFAX.com terms and policies may no longer govern Your use of linked sites, and, therefore, You should review the applicable terms, conditions and policies, including privacy and data gathering practices, of each linked site.
YOUR PRIVACY AND OUR USE OF YOUR INFORMATION: EasyLink will not monitor, edit or disclose the contents of Your private communications unless EasyLink, in good faith, believes that such action is necessary to (1) conform with the law or comply with legal process served on EasyLink; (2) protect and defend the rights or property of EasyLink; or (3) act under exigent circumstances to protect the personal safety of its users or the public. In addition, although EasyLink makes every effort to preserve Customer privacy, EasyLink may be required to disclose personal information when required by law if such action is necessary to comply with a current judicial proceeding, a court order or legal process served on the RapidFAX.com website. Subject to the legal exceptions listed above, EasyLink will not disclose to third parties Your name or any personal, financial or contact information that You provide EasyLink. Finally, all RapidFAX.com registration/order forms that require You to enter sensitive information, such as credit card numbers, encrypt that information to ensure its security.From time to time EasyLink will send out email messages about the RapidFAX service or offers on behalf of our partners. At no time will we give anyone your email or personal data. If You do not want to receive these emails You may opt out by using the link at the bottom of each email.
CONFIDENTIALITY ON THE INTERNET: Use of the Internet is solely at Your own risk and is subject to all applicable local, state, national and international laws and regulations. You agree that EasyLink is not responsible for the security of any communication or information transmitted over the Internet by or for You. You assume all risks in transmitting information or communications to or from this Site, You must make your own determination as to these matters and EasyLink is not responsible for making any recommendations whatsoever to You.
WAIVER OF LIABILITY: AS A MATERIAL INDUCEMENT FOR EASYLINK TO PROVIDE THE SERVICES HEREUNDER, CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EASYLINK OR ANY AFFILIATED PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES TO THIS AGREEMENT. THIS SITE AND THE SERVICES OFFERED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
DISCLAIMER: THE SITE AND ANY INFORMATION OR COMMUNICATION TRANSMITTED FROM OR THROUGH THE SITE IS PROVIDED "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES (WHETHER EXPRESS, IMPLIED OR STATUTORY) ARE HEREBY DISCLAIMED BY EASYLINK AND EXPRESSLY WAIVED BY CUSTOMER (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
TERM: This Agreement shall have a term of one (1) year commencing upon Your first use of the Services; and thereafter, this Agreement shall automatically renew for additional one (1) year periods absent written notice by either EasyLink or Customer to the other at least 60 days prior to the end of the then current one (1) year period (collectively, the "Term"). You have the right to terminate this Agreement or any account(s) hereunder at any time, upon thirty (30) days prior written notice, without liability, provided such account(s) are in good standing.
INDEMNIFICATION: CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS EASYLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS FROM ANY CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY BREACH OF THIS AGREEMENT OR ARISING FROM THE TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER CONTENT USING THE EASYLINK SERVICES.
GOVERNING LAW AND VENUE: This Agreement and any action arising hereunder shall be construed in accordance with and be governed by the laws of the State of New York, without regard to the conflicts of law provisions thereof or the United Nations Convention on the International Sale of Goods (the "UCITA"). Each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the United States District Court for the Southern District of New York, or in the state courts of the State of New York, as appropriate and the parties hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which they may now or hereafter have to the laying of venue of any such proceeding brought in such courts and any claim that any such proceeding brought in such courts has been brought in an inconvenient forum. Each Party irrevocably waives all rights to trial by jury in any legal proceeding arising out of or relating to this Agreement.
ATTORNEYS' FEES: In the event that EasyLink uses legal means to enforce any of its rights under this Agreement against You and is successful, then, in addition to any other remedy to which EasyLink is entitled, it shall also be entitled to reimbursement by You for all costs and expenses EasyLink incurs in enforcing its rights, including reasonable attorneys' fees.
NOTICES: Except as expressly stated otherwise, all notices to EasyLink shall be sent to 33 Knightsbridge Road, Piscataway, New Jersey 08854, Attn: Contracts & Pricing Administrator. All notices to you shall be sent to the email address that you provide to EasyLink in your Application. It is your responsibility to update your email address if it changes. Such notice shall be deemed received one (1) business day after the email has been sent.
SEVERABILITY: If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion.
MISCELLANEOUS: This Agreement constitutes the sole Agreement between you and EasyLink relating to your use of this Site, the RapidFAX.com Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either party. No waiver of any right under this Agreement by EasyLink will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. EasyLink reserves the right to assign, transfer or delegate any rights and/or obligations hereunder, in part or in whole, without your prior consent. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without EasyLink's prior written consent. This Agreement shall be binding upon and inure to the benefit of each Party to this Agreement and to their respective successors and permitted assigns. Any action or claim against EasyLink must be brought within one (1) year following the date on which the claim first accrued or shall be deemed forever waived. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TERMINATION: EasyLink reserves the right to suspend or terminate access to the Site or its Services provided to Customer, at its sole discretion, for any reason or for no reason at all. Should EasyLink cancel Service, prepaid fees for Service not rendered will be prorated and refunded. Set-up fees are not refundable. Upon the termination of your account, you remain liable for all charges to your account through termination. EasyLink will not be liable for any damages suffered by Customer due to EasyLink's suspension or termination of access to the Site or the Services for any reason.
THIRD PARTY BENEFICIARIES: This Agreement has been made and is made solely for the benefit of the parties and their respective successors and permitted assigns. Nothing in this Agreement is intended to confer any rights/remedies under or by reason of this Agreement on any third party.
No more clunky fax/phone switch nightmares. I get my customer orders reliably via e-mail - Truly business on the go. Thanks!- Adam W.
I love RapidFAX because it's reliable, inexpensive, convenient, and FAST!!!! - Nikki P.
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