eFax Customer Agreement

(To view the Customer Agreement for corporate accounts, please visit www.efaxcorporate.com)

These Terms of Service are effective on March 2nd, 2009, for current users, and upon acceptance for new users.

1. eFax Services.
2. eFax Pro Service Usage.
3. eFax Plus Service Usage.
4. eFax Free Service Usage; Fair Use Policy.
5. Storage of Faxes.
6. Email Capabilities.
7. eFax Broadcast Service Usage.
8. Privacy Policy.
9. Customer Responsibilities.
10. Unsolicited Fax Advertisement/Spam Drop-Box Policy.
11. Termination.
12. Customer Representations.
13. Modifications to Customer Agreement.
14. Modifications to Services.
15. Member Account, PIN, and Security.
16. Disclaimer of Warranties and Limitation of Liability.
17. Charges.
18. Termination for Non-Payment.
19. Credit and debit card updates
20. Ownership.
21. Indemnification.
22. No Resale Of The Services.
23. Participation In Promotions Of Advertisers.
24. Notices; Consent.
25. General Terms.
26. Other Copyrights/Ownership.
27. Legal Notices.

This Agreement, which governs the terms and conditions of your use of eFax® Services, is between you ("you" or "Customer"), as an authorized user of such services, and j2 Global Communications, Inc., a Delaware corporation ("j2 Global"). Notwithstanding the foregoing, your service will be provided to you and you will legally be a customer of (i) j2 Global Communications, Inc. if you are issued a Service telephone number that is local to the U.S. or Latin America and (ii) j2 Global Ireland Limited if you are issued a Service telephone number that is outside of the U.S. and Latin America.

The contact details of j2 Global Ireland Ltd. are as follows:
Address: Unit 3, Woodford Business Park, Santry, Dublin 17, Ireland
Registration number: 379517 - VAT number: IE 6399517U

The contact details of j2 Global Communications, Inc. are as follows:
Address: 6922 Hollywood Boulevard, 5th Floor, Los Angeles, CA 90028, U.S.A.

This Agreement, together with any operating rules, policies (including the Privacy Policy, a current copy of which is available at http://mbox.com.au/legal/#privacy, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by j2 Global (collectively, the "Agreement"), constitutes the entire agreement between j2 Global and you regarding eFax 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 j2 Global related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "eFax Services" or "Services" are defined as any and all services provided by j2 Global to you either now or in the future. By using eFax Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

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 j2 Global's acceptance. Goods or services listed or described on this Website constitute an invitation to make an offer to purchase.

If you begin but fail to complete the sign up process for eFax Services, j2 Global may contact you in an effort to help you sign up for eFax or another j2 Global service. You hereby authorize j2 Global to make such contact, even if you ultimately determine not to sign up for any j2 Global services.

j2 Global offers eFax Services at its website www.mbox.com.au (together with other websites owned and operated by j2 Global, the "eFax Website"). Individually, the Services are:

1. eFax Pro™: eFax Pro includes but is not limited to: (i) a personal local or toll-free telephone number (together with remote (i.e., non- local and non- toll-free ) telephone numbers, "eFax Numbers") that provides for the delivery of faxes and voicemail messages to electronic mail ("email") in volumes greater than the other services described below (see the Fair Usage Policy in Section 2, below); and (ii) outbound faxing from email or from the eFax Website. eFax Pro is hereinafter referred to as "Pro" or "Pro Service".
2. eFax Plus®: eFax Plus includes but is not limited to: (i) an eFax Number that provides for the delivery of faxes and, optionally, voicemail messages to email in volumes greater than the Free Services described below, but less than the Pro Service (see the Fair Usage Policy in Section 3, below); and (ii) outbound faxing from email or from the eFax Website. eFax Plus is hereinafter referred to as "Plus" or "Plus Service".
3. eFax Free®: eFax Free includes but is not limited to a remote eFax Number that provides for the delivery of a limited number of faxes to email. See the Fair Usage Policy in Section 4, below. eFax Free is hereinafter referred to as "Free" or "Free Service".
4. eFax Broadcast®: eFax Broadcast enables the Customer to upload a database or spreadsheet to the eFax Website and to fax broadcast a document to each fax number on that database or spreadsheet for a charge at the rates posted on the eFax Website. eFax Broadcast customers sending faxes into the UK also have the option to have their fax list go through the Fax Preference Service ("FPS"). Similar services as the FPS are available in other countries. Without a specific election by the customer to have its numbers checked against the FPS or similar services in other countries, j2 Global will not automatically check any numbers against the FPS or similar services in other countries. Customers choosing not to send their list through the FPS or similar services in other countries must comply with all laws, rules and regulations, including, without limitation, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and The Telecommunications (Data Protection and Privacy) Regulations 1999.

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The terms of use for the Pro Service vary depending upon whether the Customer has received a local (i.e., non-toll-free) or toll-free eFax Number, as described below:

1. Pro Local Number Service Usage; Fair Use Policy. As a Pro Service Local Customer, you will receive a local eFax Number from which you may receive faxes and voicemail messages in your email. You will also have the option to send faxes from your email or from the eFax Website.
   
   PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO j2 GLOBAL'S "FAIR USE" POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY THIRTY (30) DAY PERIOD, YOUR USAGE EXCEEDS MORE THAN THREE (3) TIMES THE AVERAGE LEVEL OF USAGE OF j2 GLOBAL'S eFAX PRO, eFAX PLUS AND jCONNECT PREMIER® CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL COMBINED NUMBER OF FAX PAGES AND MINUTES OF VOICEMAIL MESSAGE MINUTES RECEIVED, EXCLUDING ALL ADVERTISING AND INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY j2 GLOBAL, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, j2 GLOBAL CURRENTLY ENFORCES THIS POLICY ONLY WHERE USAGE EXCEEDS 200 COMBINED FAX PAGES AND MINUTES OF VOICEMAIL MESSAGES IN ANY THIRTY (30) DAY PERIOD, WHICH IS SUBSTANTIALLY IN EXCESS OF THE ACTUAL ALLOWABLE USAGE UNDER THIS "FAIR USE" POLICY. NOTWITHSTANDING THIS ACCOMMODATION, WE RESERVE THE RIGHT AT ANYTIME TO ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY THIRTY (30) DAY PERIOD IN EXCESS OF MORE THAN THREE (3) TIMES THE AVERAGE LEVEL OF USAGE OF OUR eFAX PRO, eFAX PLUS AND jCONNECT PREMIER CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD).
   
   IN THE EVENT YOU HAVE VIOLATED THIS POLICY, YOU WILL AUTOMATICALLY BE CHARGED U.S. $0.15 (OR APPROXIMATE EQUIVALENT IN LOCAL CURRENCY) PER FAX PAGE AND MINUTE OF VOICEMAIL MESSAGE IN EXCESS OF THE FAIR USAGE LIMIT. FOR EACH TRANSMISSION, THE NUMBER OF PAGES IS CALCULATED BASED ON THE GREATER OF THE ACTUAL NUMBER OF PAGES OR THE NUMBER OF FULL AND PARTIAL 60-SECOND INCREMENTS OF TRANSMISSION TIME. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO APPLICABLE LAWS, j2 GLOBAL RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION. Pro Toll-Free Service Usage. As a Pro Service Toll-Free Customer, you will receive a toll-free eFax Number from which you may receive faxes and voicemail messages in your email. You will be charged a usage fee (as set forth on the eFax Website) based on the combined number of fax pages and minutes of voicemail messages so received. As a Pro Customer, you will have the option to send faxes via your email and to subscribe for additional services that j2 Global offers as described on the eFax Website, all subject to the terms of this Agreement.

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The terms of use for the Plus Service vary depending upon whether the Customer has received a local (e.g., non-toll-free) or toll-free eFax Number, as described below:

1. Plus Local Number Service Usage; Fair Use Policy. As a Plus Service Local Customer, you will receive a local eFax Number from which you may receive faxes and, optionally, voicemail messages in your email. You will be able to receive a limited number of fax pages and minutes of voicemail messages for free (as set forth on the eFax Website). If you exceed this limited number of free fax pages and/or free voicemail messages, you will be charged a usage fee (as set forth on the eFax Website) based on the combined number of fax pages and minutes of voicemail messages so received. As a Plus Customer, you will have the option to send faxes via your email – subject to a fee as set forth on the eFax Website - and to subscribe for additional services that j2 Global offers as described on the eFax Website, all subject to the terms of this Agreement.
   
   PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO j2 GLOBAL'S "FAIR USE" POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY THIRTY (30) DAY PERIOD, YOUR USAGE EXCEEDS MORE THAN TWO (2) TIMES THE AVERAGE LEVEL OF USAGE OF j2 GLOBAL'S eFAX PRO, eFAX PLUS, AND jCONNECT PREMIER® CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL COMBINED NUMBER OF FAX PAGES AND MINUTES OF VOICEMAIL MESSAGE MINUTES RECEIVED, EXCLUDING ALL ADVERTISING AND INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY j2 GLOBAL, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, j2 GLOBAL CURRENTLY ENFORCES THIS POLICY ONLY WHERE USAGE EXCEEDS 130 COMBINED FAX PAGES AND MINUTES OF VOICEMAIL MESSAGES IN ANY THIRTY (30) DAY PERIOD, WHICH IS SUBSTANTIALLY IN EXCESS OF THE ACTUAL ALLOWABLE USAGE UNDER THIS "FAIR USE" POLICY. NOTWITHSTANDING THIS ACCOMMODATION, WE RESERVE THE RIGHT AT ANYTIME TO ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY THIRTY (30) DAY PERIOD IN EXCESS OF MORE THAN TWO (2) TIMES THE AVERAGE LEVEL OF USAGE OF OUR eFAX PRO, eFAX PLUS AND jCONNECT PREMIER CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD).
   
   IN THE EVENT YOU HAVE VIOLATED THIS POLICY, YOU WILL AUTOMATICALLY BE CHARGED U.S. $0.15 (OR APPROXIMATE EQUIVALENT IN LOCAL CURRENCY) PER FAX PAGE AND MINUTE OF VOICEMAIL MESSAGE IN EXCESS OF THE FAIR USAGE LIMIT AND MAY UPGRADE TO eFAX PRO IN ORDER TO TAKE ADVANTAGE OF ITS MORE EXPANSIVE FAIR USAGE POLICY. FOR EACH TRANSMISSION, THE NUMBER OF PAGES IS CALCULATED BASED ON THE GREATER OF THE ACTUAL NUMBER OF PAGES OR THE NUMBER OF FULL AND PARTIAL 60-SECOND INCREMENTS OF TRANSMISSION TIME. NOTWITHSTANDING THE FOREGOING, AND SUBJECT TO APPLICABLE LAWS, j2 GLOBAL RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION.
2. Plus Toll-Free Service Usage. As a Plus Service Toll-Free Customer, you will receive a toll-free eFax Number from which you may receive faxes and, optionally, voicemail messages in your email. You will be charged a usage fee (as set forth on the eFax Website) based on the combined number of fax pages and voicemail messages so received. As a Plus Customer, you will have the option to send faxes via your email and to subscribe for additional services that j2 Global offers as described on the eFax Website, all subject to the terms of this Agreement or another agreement specific to those additional services.

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As a Free Service Customer, you will receive a remote (i.e., non-local) eFax Number from which you may receive a limited number of faxes in your email. YOU UNDERSTAND AND AGREE THAT THE AREA CODE OR PREFIX FOR THIS eFAX NUMBER WILL BE SELECTED BY J2 GLOBAL, IN ITS SOLE DISCRETION, BASED ON AVAILABLE INVENTORY, AND THAT YOU WILL HAVE NO ABILITY TO SELECT OR CHANGE THIS AREA CODE UNLESS YOU AGREE TO UPGRADE TO A PAID SUBSCRIPTION. j2 Global provides the Free Service as an accommodation to you, and reserves the right to terminate your Free Service at anytime without notice. YOU UNDERSTAND THAT THE FREE SERVICE IS SUBJECT TO j2 GLOBAL'S "FAIR USE" POLICY FOR FREE ACCOUNTS. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY THIRTY (30) DAY PERIOD, YOU RECEIVE MORE THAN TWENTY (20) FAX PAGES, EXCLUDING ALL ADVERTISING OR INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY J2 GLOBAL, AS DETERMINED BY US IN OUR SOLE DISCRETION. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, J2 GLOBAL WILL ATTEMPT TO NOTIFY YOU OF THE VIOLATION AND OFFER TO UPGRADE YOU TO A PAID SUBSCRIPTION SERVICE. IF YOU ELECT NOT TO UPGRADE, YOUR ACCOUNT MAY BE TERMINATED OR SUSPENDED AT J2 GLOBAL’S SOLE DISCRETION, EXCEPT WHERE PROHIBITED BY LAW. ANY FAILURE BY J2 GLOBAL TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.

EACH CUSTOMER, WHETHER A COMPANY OR AN INDIVIDUAL, IS LIMITED TO ONE (1) FREE eFAX NUMBER. If you or your company desire more than one (1) eFax Number, then j2 Global may request you, and you will agree to, upgrade to a paid Service. Notwithstanding our Privacy Policy described in Section 8 below, j2 Global has the right to disclose the email address of Free Service Customers to the owner of the URL associated with that email address in order to monitor compliance with and enforce the limitations set forth in this paragraph. In addition, j2 Global is permitted to audit your use of the Free Service and any associated software by providing no less than five (5) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours. If j2 Global ultimately determines, in its sole discretion and whether or not it has conducted an audit, that you have violated the foregoing limitations on the Free Service or any associated software, j2 Global reserves the right to immediately terminate or suspend your Service, except as prohibited by law. You agree to pay j2 Global the amount you would have been required to pay for the Plus Service during the period of your non-compliance with the Free Service’s Fair Use Policy, plus j2 Global's cost of conducting any audits that, in j2 Global's sole discretion, reveal non-compliance. Any failure by j2 Global to enforce this policy will not preclude us from enforcing it at anytime in the future, whether for past or current violations.

You will have the option to subscribe for additional services that j2 Global offers as described on the eFax Website, all subject to the terms of this Agreement or another agreement specific to those additional services.

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While your eFax account is active, j2 Global will store fax messages received through your eFax Number for a period of up to thirty (30) days for Free Customers, and life of account for Plus Customers and Pro Customers, in each case measured from the date of receipt of such fax. These faxes are accessible through the online eFax Messenger Center. You acknowledge that j2 Global 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 j2 Global's servers on your behalf, at any time, as provided for in Section 13. You further agree that, subject to applicable law, j2 Global 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 Services.

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Active eFax Plus and eFax Pro subscribers are eligible to receive a free email account from www.123mail.net, subject to the standard terms of use for this service (see www.123mail.net/terms.html) and available for use through the online eFax Message Center. You acknowledge and agree that j2 Global has no responsibility or liability whatsoever for your use of this email service and that, subject to applicable law, j2 Global may discontinue or change the terms under which this email service is provided to you, at any time, as provided for in Section 13. This email service may not be available in all countries where j2 Global offers eFax Numbers.

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eFax Broadcast is a non-refundable pre-paid service. Customers are charged for eFax Broadcast on a per-page basis. The applicable rates are listed on the eFax Website.

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j2 Global 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 which forms an integral part of this Agreement, a current copy of which is available at http://mbox.com.au/legal/#privacy. If we decide to change our privacy practices, we will post those changes in the Privacy Policy displayed on 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 our 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 j2 Global, 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.

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You are fully responsible for the contents of your transmissions through the Services. j2 Global simply acts as a passive conduit for you to send and receive information of your own choosing. However, j2 Global reserves the right to take any action with respect to the Services that j2 Global deems necessary or appropriate in its sole discretion, if j2 Global believes you or your information may create liability for j2 Global, compromise or disrupt the Services for you or other Customers, or cause j2 Global to lose (in whole or in part) the services of j2 Global'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, securities 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 eFax Services; (b) maintain the security of your PIN number, password and other confidential information relating to your eFax account and; (c) to the full extent permitted by applicable law, be responsible for all charges resulting from use of your eFax account, including unauthorized use prior to your notifying j2 Global of such use and taking steps to prevent its further occurrence.

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1. Unsolicited Fax Advertisement Policy. The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act of 1991 (TCPA) (http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html) and in the European Union under the Privacy and Electronic Communications Regulations 2003, 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. Notwithstanding the above, j2 Global's distribution of advertising to its customers is not considered unsolicited fax advertising based upon your acceptance of this Agreement.
   
   At j2 Global's option and without further notice, j2 Global 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 you take the following two steps:
   1. If the fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so; and
   2. Please go to the following Web page and complete the complaint form by inserting the required information and attaching a copy of the offending fax: http://mbox.com.au/legal/#report-spam. You hereby acknowledge and agree that j2 Global, as owner of all eFax Numbers, 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 j2 Global as consideration for its provision of the services under this Agreement.
      
      Because our eFax 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 eFax 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.
2. Spam Drop-Box Policy. j2 Global does not permit its Customers to use their eFax 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 an eFax 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 [email protected]. We will investigate your complaint and determine if the fax/voicemail number referenced in the spam email or spam fax is an eFax Number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate or suspend their eFax Service.
      
      We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the eFax experience a positive one for you.

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1. Either you or j2 Global may terminate your eFax account at any time, with or without cause, upon notice. In order for you to give notice to j2 Global, you must go to the eFax Website at www.efax.com/cancel and click on the “Chat Now” button or contact one of our customer service representatives. A customer service representative will assist you with cancelling your account in accordance with j2 Global’s verification procedures, as such procedures may be changed by j2 Global in its sole discretion. j2 Global reserves the right to terminate or suspend your eFax account without prior notice, provided that j2 Global will attempt to confirm such termination or suspension by subsequent notice. Subject to applicable law, j2 Global may automatically terminate or suspend your Free account without notice if: (i) no faxes or voicemail messages are received in your account during any continuous thirty (30) day period (for purposes of this determination, advertisements and informational messages sent by j2 Global are not considered faxes or voicemail messages received); (ii) you or an intermediary blocks or filters any emails sent by or on behalf of j2 Global to your email account(s) where you receive your faxes or voicemail messages or (iii) you opt out of receiving advertising messages sent to you directly by j2 Global.

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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 eFax 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.

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Except to the extent prohibited by applicable law, j2 Global may automatically amend this Agreement at any time by (a) posting a revised eFax Customer Agreement on the eFax Website, and/or (b) sending information regarding the amendment to the email address you provide to j2 Global. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE eFAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE eFAX 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 j2 Global.

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j2 Global reserves the right to modify or discontinue any of the Services with or without notice to you. j2 Global shall not be liable to you or any third party should j2 Global exercise its right to modify or discontinue the Services.

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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 eFax Number will be automatically sent to you by email. You may change your PIN and set a password to protect your faxes and voicemail messages after logging in to the eFax Website. You are entirely responsible for maintaining the confidentiality of your PIN, 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 j2 Global of any unauthorized use of your account or any other breach of security known to you.

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1. eFAX AND ALL j2 GLOBAL SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER j2 GLOBAL 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. j2 GLOBAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT j2 GLOBAL SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. j2 GLOBAL 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, COMPATIBILITY, SECURITY OR ACCURACY.
2. YOUR USE OF eFAX AND ALL j2 GLOBAL SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING j2 GLOBAL SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM j2 GLOBAL. YOU AGREE THAT NEITHER j2 GLOBAL 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 eFAX OR ANY OTHER j2 GLOBAL SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF j2 GLOBAL OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF j2 GLOBAL AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE j2 GLOBAL SOFTWARE AND SERVICES 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 j2 GLOBAL 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.
3. NEITHER j2 GLOBAL 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 j2 GLOBAL'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.
4. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF j2 GLOBAL, IN EVALUATING THE eFAX SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF j2 GLOBAL.

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Except as otherwise provided by applicable law:

1. You agree to pay all charges for your use of the Services at the prices then in effect for your country of residence. j2 Global reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Services as it deems appropriate and j2 Global reserves the right to change prices or institute new charges for access to or use of j2 Global Services. All changes to prices or charges (but not necessarily to taxes) will be sent to you per email or posted by j2 Global at the eFax 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 j2 Global account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
2. Payment of your eFax account balance is due monthly or annually, in accordance with your payment plan, in the currency in which billed, and must be made by the credit or debit card designated by you for j2 Global use and transactions or through such other payment methods as j2 Global may provide from time to time. If your eFax account is a qualified business account and is approved by j2 Global for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis. If payment for your eFax account is not received by j2 Global by its due date, you agree to immediately pay all amounts due upon demand by j2 Global. Each time you use eFax Services, or allow or cause eFax Services to be used, you agree and reaffirm that j2 Global is authorized to charge your designated card or obtain payment for the Services through such other means as are legally available to j2 Global. Your card issuer's agreement governs your use of your designated card in connection with eFax, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that j2 Global 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 j2 Global may delay obtaining authorization from your bank or card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your bank or card issuer.
3. To view your current account balance, along with billing details and any accumulated charges, please click on "Billing" after logging in to the eFax Website.
4. Your activation fee and monthly or annual service fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, j2 Global may submit charges for your monthly service fee each month, and for annual subscriptions, j2 Global may submit charges for your annual service fee annually, and additional usage charges monthly, in each case, without further authorization from you, until you provide prior notice (in accordance with j2 Global's verification procedures, as may be established by j2 Global 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 j2 Global reasonably could act on your notice. If you sign up for more than one eFax number, your first payment for such additional eFax numbers may be prorated to coincide with the annual anniversary of your first eFax number. If you have any question regarding any charges that have been applied to your account, you must contact j2 Global'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 j2 Global in accordance with this Agreement.
5. If you subscribed for eFax Services pursuant to a special offer granting you a free trial period, your activation fee and initial 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 j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before j2 Global reasonably could act on your notice.
6. If you subscribed for eFax 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 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 j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before j2 Global reasonably could act on your notice.
7. For non-toll-free eFax Pro or eFax Plus Customers, you will incur charges in addition to the minimum monthly charge if you receive a combined number of fax pages and voicemail messages through your eFax account in excess of that permitted by our Fair Use Policy described in paragraph 2. a. and 3. a. respectively, above. 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 j2 Global may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of j2 Global), without further authorization from you, until you provide prior notice (in accordance with j2 Global's verification procedures, as may be established by j2 Global 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 j2 Global reasonably could act on your notice. If you are using eFax 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 j2 Global.
8. For all eFax Pro and eFax Plus customers, additional charges for outbound fax service and/or other usage-based services as j2 Global may introduce from time to time are payable in advance by deposit of a fixed amount as set from time to time by j2 Global (currently U.S. $10.00, or the approximate equivalent in local currency). Customers with higher service needs may increase the size of their deposit by logging into their account at the eFax Website or by contacting Customer Service. 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. $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 j2 Global messaging rates for these eFax Services. Thereafter, each time your deposit is depleted to $2.00 or the approximate equivalent in local currency, 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 j2 Global messaging rates for these eFax Services. With respect to the eFax outbound faxing service, please be advised that j2 Global will bill you for each attempt made by j2 Global 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.
   
   In the event j2 Global submits charges for your monthly service fee and those charges are rejected by your bank or card issuer (or its agent or affiliate), you hereby authorize j2 Global to use your deposit to pay for any monthly service fee due to j2 Global until j2 Global is able to successfully charge your card or otherwise obtain payment for the Services. In the event j2 Global is subsequently able to successfully process your monthly service fee through your credit or debit card or through other methods legally available to j2 Global, j2 Global 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 or otherwise obtain payment of this amount (and you hereby authorize j2 Global to do so).
   
   You agree that j2 Global may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with j2 Global's verification procedures, as may be established by j2 Global 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 j2 Global reasonably could act on your notice. Upon notice (in accordance with j2 Global's verification procedures, as may be established by j2 Global 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 eFax account (including those charges described in the preceding paragraphs), in which case the remainder of your deposit will be applied to satisfy such charges. i. You must promptly notify j2 Global of changes to: (a) the account number or expiration date of your designated credit or debit card or other payment method; (b) your billing address for the designated credit or debit card or other payment method; and (c) the name of each minor whom you have authorized to use your eFax account. You must also promptly notify j2 Global if your card or other payment method is cancelled (e.g., for loss or theft).
9. You will receive your billing statements from j2 Global Communications, Inc. if you reside in the U.S. or Latin America and from j2 Global Ireland Limited if you reside outside of the U.S. and Latin America.

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Subject to any applicable laws, j2 Global reserves the right to suspend or terminate your eFax account without notice upon rejection of any charges or if your bank or card issuer (or its agent or affiliate) seeks return of payments previously made to j2 Global or in any other event of non-payment of charges when j2 Global 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 j2 Global.

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In order to avoid interruptions in the eFax Service caused by rejected credit or debit card charges, j2 Global reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT J2 GLOBAL IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.

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1. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the eFax Service are wholly owned by j2 Global and/or its licensors and service providers except where expressly stated otherwise. You may not use j2 Global's trademarks, trade names, patents, copyrights or other intellectual property rights without j2 Global's prior written permission.
2. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY eFAX NUMBER ASSIGNED TO YOU BY j2 GLOBAL. OWNERSHIP OF ANY SUCH eFAX NUMBER IS VESTED SOLELY IN j2 GLOBAL (AND YOU ARE GIVEN A REVOCABLE LICENSE TO USE SUCH NUMBER IN ACCORDANCE WITH THE PREVAILING TERMS OF USE APPLICABLE TO YOUR j2 GLOBAL SERVICE AS SPECIFIED IN THIS AGREEMENT). YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE THE eFAX 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 j2 GLOBAL AND PAY TO j2 GLOBAL AN AMOUNT EQUAL TO $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE j2 GLOBAL 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 j2 GLOBAL FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF j2 GLOBAL’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 eFAX NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY. HOWEVER, EVEN IF IN YOU ARE ENTITLED TO PORT SUCH eFAX 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.
3. IF YOU “PORTED IN” A TELEPHONE NUMBER IN CONNECTION WITH YOUR USE OF eFAX OR ARE ENTITLED TO “PORT OUT” AN eFAX NUMBER UNDER LOCAL LAW, YOU MAY “PORT OUT” THAT NUMBER UPON TERMINATION OF YOUR eFAX ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO j2 GLOBAL OF YOUR INTENTION TO “PORT OUT” THE TELEPHONE NUMBER ASSOCIATED WITH THE TERMINATED eFAX ACCOUNT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR eFAX 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, j2 GLOBAL 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” AN eFAX NUMBER UNDER LOCAL LAW. YOU HEREBY AUTHORIZE j2 GLOBAL TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT OR TO OTHERWISE ARRANGE TO MAKE THIS PAYMENT TO j2 GLOBAL WITHIN THE PORTING NOTICE PERIOD. IF YOU FAIL TO SATISFY THESE REQUIREMENTS, THE TELEPHONE NUMBER YOU “PORTED IN” WILL BECOME THE SOLE AND EXCLUSIVE PROPERTY OF j2 GLOBAL.
4. YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR eFAX ACCOUNT FOR ANY REASON, SUCH eFAX NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT j2 GLOBAL 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 j2 GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
5. YOU FURTHER UNDERSTAND AND AGREE THAT j2 GLOBAL MAY FROM TIME TO TIME NEED TO CHANGE THE eFAX NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN j2 GLOBAL'S CONTROL). YOU AGREE THAT j2 GLOBAL WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE eFAX 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 j2 GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
6. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE eFAX NUMBER ASSIGNED TO YOU BY j2 GLOBAL 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 APPLICABLE LAW, ANY SUCH CHARGES WILL GIVE j2 GLOBAL THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR eFAX ACCOUNT WITHOUT NOTICE.

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You agree to indemnify j2 Global 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 eFax 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.

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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.

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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. j2 Global assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

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Notices given by j2 Global to you will be given by email or by a general posting on the eFax Website, or by conventional mail. In any matter requiring j2 Global's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of j2 Global. Notices given by you to j2 Global must be given by email or by conventional mail (subject, however, to j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion, and which may include the requirement that you contact j2 Global by phone so as to confirm that any such notice was in fact sent by you). Notices to j2 Global by conventional mail must be sent to j2 Global Communications, Inc., 6922 Hollywood Boulevard, 5th Floor, Los Angeles, CA 90028, U.S.A.

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THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF j2 GLOBAL 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 j2 GLOBAL 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. j2 Global's failure to act with respect to a breach by you or others does not waive j2 Global'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. j2 Global shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond j2 Global'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.

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This site uses the moock fpi, available at www.moock.org/webdesign/flash/.

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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 on the eFax Website or by calling our Customer Service department. j2 Global 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.

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Privacy Policy

j2 Global Communications, Inc. and j2 Global Ireland Limited. ("j2 Global" or "we") are dedicated to establishing a trusting relationships with their users, based on respect for personal identity and information, by promoting the use of fair information practices. This privacy statement covers all web properties owned and maintained by j2 Global (but excluding eFax Corporate websites and j2 Global company websites, which have their own Privacy Policies) (the “Websites”).

j2 Global is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. You will find more information about the Safe Harbor program below.

As a user of our services and of our Websites, you confirm that you have read and understand this Privacy Policy and that you consent with the way we collect, store and process personal information about you, as explained in this Privacy Policy.

Because j2 Global wants to demonstrate its commitment to our users' privacy, we are disclosing:

1. What personally identifiable information j2 Global collects.
2. How j2 Global uses the information.
3. With whom j2 Global may share user information.
4. What choices are available to users regarding collection, use and distribution of the information.
5. What types of security procedures are in place to protect the loss, misuse or alteration of this information to the extent under j2 Global control.
6. How users can correct any inaccuracies in the information.

Information Collection and Use

Information Collection

j2 Global is the sole owner of the information collected on its Websites. j2 Global collects information from its users at several different points on its Websites both directly from the user and through the use of cookies, log files and clear gifs.

Registration

In order to use j2 Global services at any level, a user must first complete the registration form. During registration a user is required to give contact information (such as name and email address), and a unique identifier to j2 Global. We use this information to contact the user about services on our Websites for which the user has expressed interest. It is optional for a paying customer to provide demographic information (such as income level and gender), but encouraged so we can provide a more personalized experience on our Websites. Users who subscribe to a j2 Global free service may be required to give general demographic information, such as gender and occupation.

Order

When a user purchases a paying service, we request contact information (such as name, email, and billing address) and financial information (such as credit card number, expiration date) from the user. This information is used for billing purposes and to fill customers' orders. If we have trouble processing an order, the information is used to contact the user.

Cookies

A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our Web sites. We may use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.

By setting a cookie on one of our Websites, users do not have to log in a password more than once, thereby saving time while on our Website. If users reject the cookie, they may still use our Website. The only drawback to this is that the user will be limited in some areas of our Website. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our Website. See the "Profile" section below.

Some of our business partners may use cookies on our Websites (for example, advertisers). However, we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising. This Privacy Policy covers the use of cookies by j2 Global Web properties only and does not cover the use of cookies by any advertisers.

Log Files

Like most websites, our servers use log files to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

Clear Gifs

Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and we may use them to track the online movements of our users. Clear gifs are invisible on the page and are much smaller than cookies, about the size of the period at the end of this sentence. Clear gifs are not tied to users' personally identifiable information. We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If users would like to opt-out of these emails, please see the Opt-out section.

Profile

We may store information that we collect through cookies, log files and third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information may be tied to the user's personally identifiable information to provide offers and improve the content of the Website for the user. This profile may be used to tailor a user's visit to our Websites, and to direct pertinent marketing promotions to them. We do not share personally identifiable elements of your profile with other third parties. Your profile is shared in aggregate form only.

Information Use

The information is used in the following ways:

1. Provision of Services. Used to set up your account, provide the Services and Customer Support, and to communicate with you regarding other account related issues.
2. Email Correspondence. Used to raise and respond to issues and inquiries of all types. Also used to distribute information about j2 Global, our products, and services and to dispense advertising from our advertising partners regarding their products and their services.
3. As set out in the section of this Privacy Policy entitled "Sharing."

j2 Global acts as a passive conduit for the distribution and receipt of it’s user's fax, voice and e-mail communications and therefore will not monitor, edit, or disclose the contents of a user's private communications unless j2 Global in good faith believes that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on j2 Global; (2) protect and defend the rights or property of j2 Global; or (3) act under exigent circumstances to protect the personal safety of its users or the public. Users should also be aware (and hereby agree) that certain technical processing of and access to fax, voice and email messages and their content may be required to: (a) route the messages; (b) conform to connecting networks' technical requirements; (c) prevent or minimize disruptions to j2 Global's services; or (d) conform to other similar requirements.

Subject to the legal exceptions listed in this Privacy Policy, j2 Global will not disclose to third parties the fax numbers uploaded to our Websites by our users for the purpose of using jBlast/eFax Broadcast, and other j2 Global products or services.

Third Party Advertising

The ads appearing on our Websites are delivered to users through various third party advertising partners. Information about users' visits to our Websites and other websites, such as number of times they have viewed an ad (but not user name, address, or other personal information), may be used to serve ads to users on our Websites. Third party advertising partners do not have access to personally identifiable information. In addition, some third party advertisers may provide advertisements about j2 Global services on other websites. If you would like more information about receiving our advertisements on other websites, or would like to opt out of this practice, please visit http://www.networkadvertising.org/optout_nonppii.asp.

Anonymous Information

J2 collects general information that does not personally identify you regarding your use of our sites (“Anonymous Information”) We may use this Anonymous Information in order to improve our service and products, evaluate our marketing efforts or make our site more useful to you.

Third Party Vendors

Google’s advertising network displays eFax ads on other websites. Google uses cookies to display eFax ads based on our visitors’ past visits to the eFax website.
You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page (http://www.google.com/privacy_ads.html).

Children's Privacy

We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information of a child under the age of 13, we will delete that information from our systems. For tips on protecting children's privacy online, please the FTC's Web site (http://www.ftc.gov/privacy/privacyinitiatives/childrens.html).

Communications from the Website

Special Offers and Updates

We send all new customers a welcoming email to verify telephone number and authorization details. Established users will occasionally receive emails containing information about us, updates on new service features, service usage tips, information about third party services that are likely to be of interest to our members, and member satisfaction questions. Paying j2 Global users may opt-out of such notices. Free j2 Global users can cancel service at any time and be removed from such notices as well. Please see the Choice and Opt-out sections.

Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Customer Service

We communicate with users on a regular basis to provide requested services and regarding issues relating to their accounts. We reply via email or phone, in accordance with the users’ wishes.

Spam and Junk Faxes

j2 Global has a zero tolerance policy for abuse. While we cannot be responsible for external communications received through j2 Global services, it is our intention to use all legally available means to prevent distribution and receipt of unsolicited commercial faxes ("junk faxes") through the service, and we specifically restrict members from taking any actions which impose an unreasonable or disproportionately large load on j2 Global resources. We ask that any users who are annoyed by receipt of such junk faxes, please report such activity to Customer Support here.

Sharing

We do not share information obtained from users on our Websites except as otherwise specifically set forth in this Privacy Policy.

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law or where we have a good-faith belief that such disclosure is necessary to comply with a current judicial proceeding, a court order, legal process served on our Website, or in order to investigate, prevent, or take action regarding illegal activity. For example, we may disclose personal information to law enforcement, other government officials, or third parties in response to criminal or civil subpoenas. Sometimes, these requests come from our third party Internet, telecommunications and collocation providers all over the world who supply the network required for us to deliver our services. In order to maintain the integrity of our network, we often cooperate with requests from these third party providers and/or requests from law enforcement or other governmental officials directed to these providers.

Civil Subpoena Policy

j2 Global does not release personally identifying information about our customers except in limited instances related to law, security, or safety. To request customer information from j2 Global in a civil case, you must serve j2 Global with a valid subpoena, court order, or search warrant and agree to j2 Global's terms of compensation below. All civil subpoenas should be directed to:

j2 Global Communications, Inc.
Subpoena Department
6922 Hollywood Boulevard
5th Floor
Los Angeles, CA 90028
Fax: 1-310-943-2400

or:

j2 Global Ireland Limited.
Legal Department
Unit 3, Woodford Business Park
Santry, Dublin 9
Ireland
Fax: +353 1 633 5741

Upon receipt of a valid subpoena, it is j2 Global's policy to notify the subscriber whose information is sought. In non-emergency circumstances, j2 Global will generally not produce the subpoenaed subscriber's identity information until approximately two weeks after receipt of the subpoena, unless a formal objection is filed by the customer or we are legally required to do so.

j2 Global charges $90.00 per hour for research (plus additional fees if testimony or deposition is required), $0.25 per page, and $22.00 to respond via express courier (or equivalent amounts in local currency). We will invoice the person or entity submitting the subpoena following receipt and the subpoena proponent must make payment within 15 days from the date of receipt of our invoice. Checks should be made out to j2 Global Communications, Inc. or j2 Global Ireland Ltd. respectively.

It is j2 Global's policy to release information sufficient to identify our customer only where the party seeking the information has filed a legal action that implicates our customer in some legally cognizable impropriety or wrongdoing or can show that the information requested is material to the issues involved in the underlying case. j2 Global requests a copy of the complaint and all supporting documentation to indicate how the customer's account information is related to the pending litigation. Note that j2 Global reserves the right to determine in its sole discretion the applicability of this policy to any particular request and, further, this policy does not create any enforceable legal rights, either for our customers or for requesting parties.

Aggregate Information (non-personally identifiable)

We share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.

Third Party Intermediaries

We use an outside payment processing company to bill users for goods and services. In addition, we may use third parties to host certain portions of our Websites and to fulfill certain requests for information from our users. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

Business Transitions

In the event j2 Global goes through a business transition, such as a merger, an acquisition or a sale of some or all of its assets, we will provide notice to users before their personal information is transferred or becomes subject to another privacy policy.

Choice/Opt-out

Users are given the opportunity to 'opt-out' from having their information used for purposes not directly related to our Websites at the point where we ask for information. Our registration forms have an 'opt-in' mechanism from YesMail, where users can choose to receive promotions according to their particular interests. Users must proactively choose to receive these promotions.

j2 Global also sends its user base information on special promotions and partner services that we think might be relevant to the user. Users of a j2 Global free service are automatically opted-in and are considered to consent to receive this information. These materials are monitored by j2 Global for content and regularity to respect the wishes of our free users. j2 Global free users may opt-out of receiving these promotional materials by either upgrading to a paid service or by canceling their accounts.

Paying j2 Global users who do not wish to receive our promotional communications may opt-out from receiving these communications by clicking the opt-out link included at the bottom of every promotional message.

Users of our sites are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

Links

j2 Global's Websites contain links to other sites. Please be aware that j2 Global is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our sites and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by j2 Global through its Websites. j2 Global has advertising and affiliate relationships with dozens of third party sites which drive interested parties to our sites. Information that is collected on these sites does not fall within the auspices of this policy. j2 Global has Co-Brand relationships with some websites. A site is a Co-Brand of j2 Global if it offers j2 Global technology or services to its users under a different brand. The Co-Branded sites will have their own privacy policies specific to each site, and the user should read them carefully before registration.

Surveys

Periodically, our site requests information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Survey information will be used for purposes of monitoring or improving the use and satisfaction of j2 Global's services. Users' personally identifiable information is not shared with third parties unless we give prior notice and a choice to opt-out. Though we may use an intermediary to conduct these surveys, they may not use customers' personally identifiable information for any secondary purposes.

Tell-A-Friend

If a user elects to use our referral service for informing a friend about our services, we ask them for the friend's name and email address. j2 Global will automatically send the friend a one-time email inviting them to visit j2 Global's Websites. j2 Global stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Security

j2 Global takes every reasonable precaution to protect its users’ information. When users submit sensitive information via j2 Global's Websites, their information is protected both online and off-line.

When our registration/order forms ask users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL.

While we use SSL encryption to protect sensitive information online, we also employ security measures to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerks or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment.

Supplementation of Information

In order for j2 Global to properly fulfill its obligations to users, it is necessary for us to supplement the information we receive with information from third party sources. j2 Global verifies the billing address on all credit card transactions and may obtain credit reports for some corporate customers. The information obtained from these third party sources is maintained in a manner consistent with j2 Global's Privacy Policy.

Accessing/Correcting/Updating/Deleting Personal Information

j2 Global makes good faith efforts to provide users with access to their personal information and to correct this information if it is inaccurate or to delete such information at users’ request if it is not otherwise required to be retained by law. Users are required to identify themselves and the information requested to be accessed, corrected or removed before we process such requests. This can usually be done at the profile page of the j2 Global service patronized by the user or by contacting our customer service agents.

Notification of Changes

If we decide to change our Privacy Policy, we will post those changes in this Privacy Policy, and other places we deem appropriate, so our users 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 users' personally identifiable information in a manner different from that stated at the time of collection, we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with j2 Global, 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 user information already stored in our database, we will post a prominent notice on our Website notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Safe Harbor

We have certified that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce's Safe Harbor website. In the event that any dispute arising out of or related to this policy is not settled by the parties, the parties will attempt in good faith to resolve such dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules. No litigation for the resolution of such dispute may be commenced until the parties try in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The parties to the mediation shall share the costs of mediation equally. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.

Data Retention

The time period for which we keep information varies according to what the information is used for. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we will retain it for no longer than is necessary for the purposes for which the data was collected or for which it is to be further processed.