While your account is active, Fax.com 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 $.05 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 Fax.com 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 Fax.com's servers on your behalf, at any time, as provided for in Section 7. You further agree that Fax.com 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.

Fax.com 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 atlink to the Fax.com 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 Fax.com 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 we will also email customers, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

You are fully responsible for the contents of your transmissions through the Services. Fax.com simply acts as a passive conduit for you to send and receive information of your own choosing. However, Fax.com reserves the right to take any action with respect to the Services that Fax.com deems necessary or appropriate in its sole discretion if Fax.com believes you or your information may create liability for Fax.com, compromise or disrupt the Services for you or other customers, or cause Fax.com to lose (in whole or in part) the services of Fax.com'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 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 Fax.com of such use and taking steps to prevent its further occurrence.

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 Fax.com 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 we will also email customers, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

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.

Fax.com understands that receipt of such faxes can impair your use of our Services. Accordingly, Fax.com may use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our customers. At Fax.com's option and without further notice, Fax.com 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.

There are shady companies who "war dial" to collect fax numbers whereby they simply dial large blocks of phone numbers "phishing" for a fax machine. When a fax machine is found, they record the fax number, which is later sold to companies who send junk faxes. FAX.COM works hard to block its numbers from being used in such a fashion. However, if you feel your number is being abused, please forward any questionable faxes to customerservice@fax.com and FAX.COM will pursue matters in an attempt to block any future abuse. FAX.COM prohibits the use of its services for any illegal or illicit purpose.

You hereby acknowledge and agree that Fax.com, as owner of all fax numbers used by the Services, 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 Fax.com.

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.

Fax.com 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:

1. 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 do so.2. If you are unable to successfully "unsubscribe," please forward the offending email to customerservice@fax.com. We will investigate your complaint and determine if the fax number referenced in the spam email or spam fax is a Fax.com fax number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their fax service.
2. We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the Fax.com experience a positive one for you.

Either you or Fax.com may terminate your account at any time, with or without cause, upon notice. Any termination notice by you to Fax.com must be in accordance with Fax.com's verification procedures, as such procedures may be established and changed by Fax.com from time to time in its sole discretion, and which may include the requirement that you contact Fax.com by phone to confirm that any such notice was in fact sent by you. Fax.com also reserves the right to terminate or suspend your account without prior notice, provided that Fax.com 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 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.

Fax.com may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the FAX.COM website at www.fax.com (the "Website"), and/or (b) sending information regarding the amendment to the email address you provide to Fax.com. 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 Fax.com.

Fax.com reserves the right to modify or discontinue any of the Services with or without notice to you. Fax.com shall not be liable to you or any third party should Fax.com 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 PIN. Once you become a registered user, your fax number will be automatically sent to you by email. You may change your PIN and set a password to protect your fax messages after logging in to the Fax.com Website. You are entirely responsible for failing to maintain the confidentiality of your PIN, 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 Fax.com of any unauthorized use of your account or any other breach of security known to you.

ALL FAX.COM SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER FAX.COM 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. FAX.COM DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT FAX.COM SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. FAX.COM 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. FAX.COM 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 FAX.COM 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 FAX.COM SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM FAX.COM. YOU AGREE THAT NEITHER FAX.COM 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 FAX.COM SOFTWARE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF FAX.COM OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF FAX.COM 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 FAX.COM 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 FAX.COM 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 FAX.COM'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 FAX.COM, IN EVALUATING THE SERVICES AND/OR PRODUCTS OF FAX.COM.

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. FAX.COM reserves the right to change prices or institute new charges for access to or use of the Services. All changes will be posted by Fax.com 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 and, unless you have a qualified business account, must be made by the credit or debit card designated by you for Fax.com use and transactions. If your account is a qualified business account and is approved by Fax.com for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.

Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your account is by credit or debit card and payment is not received by Fax.com from the card issuer or its agents, you agree to pay all amounts due upon demand by Fax.com. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Fax.com 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 Fax.com 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 Fax.com 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 service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that Fax.com may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with Fax.com's verification procedures, as may be established by Fax.com 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 Fax.com reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Fax.com'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 Fax.com in accordance with this Agreement.

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 Fax.com's verification procedures, as may be established by Fax.com from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Fax.com reasonably could act on your notice.

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 Fax.com may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of Fax.com), without further authorization from you, until you provide prior notice (in accordance with Fax.com's verification procedures, as may be established by Fax.com 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 Fax.com 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 Fax.com.

With respect to the outbound faxing service, please be advised that Fax.com will bill you for each attempt made by Fax.com 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.

Additional charges for outbound fax service and/or other usage-based services as Fax.com may introduce from time to time are payable in advance by deposit of a fixed amount (currently U.S. $50.00, $25.00, or $10.00, or the approximate equivalent in local currency), as set from time to time by Fax.com. This deposit will be due and payable immediately upon your use of any usage-based service (or, in the event you are provided with a free credit, upon your depletion of such free credit). As a result, the first time you use any of these usage-based Services (following your depletion of your free credit, if any); a deposit (currently U.S. $50.00, $25.00, or $10.00 or the approximate equivalent in local currency) will be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted based upon your use of outbound fax service and/or other usage-based charges, according to standard Fax.com messaging rates. Thereafter, each time your deposit is depleted to $2.00, 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 based upon your use of outbound fax service and/or other usage-based services, according to standard Fax.com messaging rates for these Services.

In the event Fax.com submits charges for your monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize Fax.com to use your deposit to pay for any monthly service fee due Fax.com until Fax.com is able to successfully charge your card. In the event Fax.com is subsequently able to successfully process your monthly service fee through your credit or debit card, Fax.com will automatically replenish your deposit for all monthly service fees paid from your deposit and will charge your credit or debit card in an amount equal to this amount (and you hereby authorize Fax.com to do so).

You agree that Fax.com may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with Fax.com's verification procedures, as may be established by FAX.COM 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 Fax.com reasonably could act on your notice. Upon notice (in accordance with Fax.com's verification procedures, as may be established by Fax.com from time to time in its sole discretion) from you that you have terminated this authorization, you will be entitled to a refund of any unused portion of your most recent deposit, unless at such time there are any outstanding charges resulting from use of your account (including those charges described in the preceding paragraphs), in which case the remainder of your deposit will be applied to satisfy such charges.

You must promptly notify Fax.com 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 Fax.com if your card is canceled (e.g., for loss or theft).

Fax.com 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 Fax.com when Fax.com 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 Fax.com.

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Fax.com and/or its licensors and service providers except where expressly stated otherwise.

YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY FAX NUMBER ASSIGNED TO YOU BY FAX.COM. OWNERSHIP OF ANY SUCH FAX NUMBER IS VESTED SOLELY IN FAX.COM (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 YOUR ACCOUNT FOR ANY REASON, SUCH FAX NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT FAX.COM 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 FAX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU FURTHER UNDERSTAND AND AGREE THAT FAX.COM MAY FROM IME 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 FAX.COM'S CONTROL). YOU AGREE THAT FAX.COM 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 FAX.COM 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 FAX.COM AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE FAX.COM THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT WITHOUT NOTICE.

You agree to indemnify Fax.com 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.

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. Fax.com assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

Notices given by Fax.com to you will be given by email or by a general posting on the Website, or by conventional mail. In any matter requiring Fax.com's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Fax.com. Notices given by you to Fax.com must be given by email or by conventional mail (subject, however, to FAX.COM's verification procedures, as may be established by Fax.com from time to time in its sole discretion, and which may include the requirement that you contact Fax.com by phone so as to confirm that any such notice was in fact sent by you). Notices to Fax.com by conventional mail must be sent to Fax.com 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 FAX.COM 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 FAX.COM 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. Fax.com's failure to act with respect to a breach by you or others does not waive Fax.com'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. Fax.com shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Fax.com'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.

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. Fax.com reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time, as provided for in Section 13 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.

If you subscribed for Fax.com Services pursuant to a special offer granting a pre-paid discount for a fixed number of months (the annual plan), your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your pre-paid fee for the 12 month term 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 Fax.com’s verification procedures, as may be established by Fax.com from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Fax.com reasonably could act on your notice.

Annual plan accounts may incur additional charges for outbound fax service and/or other usage-based services as Fax.com may introduce from time to time and are due immediately upon incurrence. Additional charges must be paid by the credit or debit card designated by you for Fax.com use and transactions. Your credit or debit card will be charged monthly without further authorization from you according to standard Fax.com messaging rates for these Services.