Fax.com Customer Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITES OR SIGNING UP FOR SERVICES
1. Acknowledgement and Acceptance of This Agreement
This Customer Agreement is between you (“you” or “your”) as an authorized user of the Company Services, and Consensus Cloud Solutions, LLC, (the “Company” or “we”). For purposes of this Customer Agreement, “Services” is defined as any and all services provided by the Company to you either now or in the future and “Account” is defined as the account through which you access the Services. “Website” is the www.fax.com website.
3. Customer Responsibilities
4. Unsolicited Fax Advertisements/SPAM Drop-Box Policy
5. Termination or Suspension
a. By You
b. By the Company
6. Customer Representation
7. Modifications to Customer Agreement
8. Modifications to Services
9. Member Account, PIN, and Security
10. Disclaimer of Warranties and Limitation of Liability
b. Credit or Debit Card Payments
d. Annual Pricing Terms and Additional Fees
e. Fax Storage
f. Free Trial Periods
If you subscribed for the Services pursuant to a special offer granting you a free trial period that required you provide credit card or debit card information, your activation fee and initial monthly service fee may 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 the Services are terminated in accordance with the Company’s cancellation and verification procedures, as may be established by the Company from time to time in its sole discretion. Such termination will not affect charges submitted before the Company reasonably could act on your notice. Any usage in excess of any free pages, and any usage incurred from sending any International faxes will apply and will be immediately charged to your designated credit card, without further authorization from you.
If you subscribed for the Services pursuant to a special offer granting you a free trial period that did not require you provide credit card or debit card information, the free trial period shall begin on the date you registered for the right to use the Services and continue thereafter until the earlier of (i) the expiration of a thirty day period, or (ii) your use of thirty pages (such date being the “End Date”). On the End Date the Company may suspend your Account, without prior notice, unless you have purchased the right to continue using the Services. If you do not purchase the right to continue using the Services within thirty days from the End Date, the Company may terminate your Account without prior notice.
h. Changes in Account Information
j. Late Fees
13. Customer of Record of the Telephone Numbers
a. Telephone Numbers Ported In
b. Reassignment of Telephone Numbers
15. No Resale of the Services
16. Participation in Promotions of Advertiser
17. Notices; Consent
Notices given by the Company to you will be given by email, phone, fax or by a general posting on the Company Website, or by conventional mail. In any matter requiring Company’s prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Company. Notices given by you to Company must be given by email or by conventional mail (subject, however, to the Company’s verification procedures, as may be established by Company from time to time in its sole discretion, and which may include the requirement that you contact Company by phone so as to confirm that any such notice was in fact sent by you). Notices to Company by conventional mail must be sent to the Company at Consensus Cloud Solutions, LLC, 700 S. Flower St., 15th Floor, Los Angeles, CA 90017 U.S.A.
18. General Terms
19. Consumer Rights
20. LEGAL NOTICES
a. Trademark Information
b. Single Copy License
2. Decompile, reverse engineer or disassemble software Materials except and only to the extent permitted by applicable law;
3. Remove any copyright or other proprietary notices from the Materials;
4. Transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
c. Termination of this License
d. Ownership of Materials
21. Agreement to Arbitrate All Disputes
b. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be addressed to: Consensus Cloud Solutions, LLC, ATTN: Legal Department, 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, USA (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after the Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.