ACCEPTANCE OF TERMS.
The services that Amfax Corporations provides to you are subject to the following Terms of Service ("Terms"). Amfax reserves the right to update the Terms at any time without notice to you. The most current version of the Terms can be reviewed by clicking on the "Terms of Service" hypertext link located at our opening (or Home) page, and other pages including the request for service (or Inquiry) page at www.amfax.com.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Amfax provides you with access to a variety of services. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms.
NO RESALE OF SERVICES.
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.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Amfax immediately of any unauthorized use of your account or any other breach of security. Amfax will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Amfax or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Amfax server, or the network(s) connected to any Amfax server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Amfax server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You will not use or register the name Amfax or any other trade name or trademark of Amfax without express, prior permission and you will not obstruct the identification procedures used by Amfax in the services.
You represent that the information submitted for transmission via the Amfax network for Amfax services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, data privacy, international communications, and export of technical or personal data.
USE OF SERVICES / CUSTOMER RESPONSIBILITIES
You are fully responsible for the contents of your transmissions through the Services. Amfax simply acts as a passive conduit for you to send and receive information of your own choosing. However, Amfax reserves the right to take any action with respect to the Services that Amfax deems necessary or appropriate in its sole discretion if Amfax believes you or your information may create liability for Amfax, compromise or disrupt the Services for you or other Customers, or cause Amfax to lose (in whole or in part) the services of Amfax' ISPs or other suppliers. 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.
Amfax has no control of the content of the information passing through the Services. Amfax does not:
* Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
* Assume liability for any harassing, offensive or obscene material distributed through the Service.
* Assume any liability for any material distributed through the Service which is distributed in violation of any third party's copyright or other intellectual property right.
* Assume liability for claims concerning unsolicited commercial fax, email or voice messages, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.
You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify Amfax promptly of any changes to this information as required to keep it current, complete and accurate.
Amfax reserves the right at all times to disclose any information as Amfax deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
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 Amfax 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.
You must 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.
OWNERSHIP.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Amfax Service are wholly owned by Amfax and/or its licensors and service providers except where expressly stated otherwise.
You understand and agree that you are not the owner of any Amfax fax number (Amfax Number) assigned to you by Amfax. Ownership of any such Amfax Number is vested solely in Amfax (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 Amfax account for any reason, such Amfax Number may be re-assigned immediately (although there is typically a transition period) to another customer, and you agree that Amfax 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 Amfax has been advised of the possibility of damages.
You further understand and agree that Amfax may from time to time need to change the Amfax Number assigned to you (whether due to an area code split or any other reason whether outside or within Amfax' control). You agree that Amfax will not be liable for damages (including consequential or special damages) arising out of any such change in the Amfax 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 Amfax 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 Amfax Number assigned to you by Amfax and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. You are responsible for any such charges, and any such charges will give Amfax the right to immediately terminate your Amfax account without notice.
You hereby acknowledge and agree that Amfax, as owner of all Amfax Numbers, 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, CRTC 200 - 193 and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to Amfax.
Because our Amfax 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 Amfax Number.
CHARGES.
Charges for Services may include Activation, Monthly Subscription, and Usage Fees. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law.
Written Agreement: If your Amfax account is a qualified business account and you have an authorized, written agreement with Amfax, then the charges for services are as specified in that agreement. Services not specified in the written agreement will be charged at rates posted on the Amfax website.
No Written Agreement: If you do not have an authorized, written agreement with Amfax, or other written correspondence, you agree to pay standard charges for your use of Amfax Services at the rates posted on the Amfax.website.
Amfax reserves the right to change prices or institute new charges for access to or use of Amfax services. All changes will be posted by Amfax at the Amfax websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Amfax Services or non-termination of your Amfax account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
PRICING.
Per page faxing prices are based on a 60 second or less average transmission time for all sucessful (delivered) pages in the broadcast; fax broadcasts that take longer to transmit will be charged for the cumulative time for successful deliveries only, in minutes.
All voice broadcasting service is charged per minute for all cumulative minutes in any broadcast, accumulated in six second increments, to successful deliveries only.
All email broadcasting is charged per unit to sucessfully posted email units only, with tracked links, attachments, and pull files each counting as one additional unit.
Amfax reserves the right to charge a premium on all mobile, cellular, digital, special service numbers, and / or PCS international terminating traffic, as well as the right to adjust any rate to reflect charges in international tariffs, regulatory requirements, taxes, levies or other third party levies.
LISTS.
You are responsible for any lists used in your broadcasts and Amfax disclaims any and all responsibility with regard to lists so used incliding, but not limited to, accuracy, suitability for any particular purpose, whether supplied by you, your vendor, Amfax, or any third party vendor, even if Amfax arranged the delivery of a list with such vendor on your behalf.
REFUNDS.
Your activation fee and monthly service fees, if applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of Amfax). Amfax may, in its sole discretion, require a pre-payment deposit towards usage, or any applicable fees, before delivering services. Such pre-payment deposits are made to secure advantaged terms or pricing for the services and are COMPLETELY NON-REFUNDABLE. Such pre-payment deposits must be used within six (6) months of the date deposited. Any deposit balances remaining after six months of the date deposited are considered forfeited, and Amfax, in its sole discretion, may refuse to apply any portion of these funds towards Amfax fees, usage, or other Amfax services.
Payment of your Amfax account balance is due monthly in the currency in which billed. If your Amfax account is a qualified business account and is approved by Amfax for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis. The invoice will be sent via email to the email address identified for billing purposes.
USE OF CREDIT CARDS.
At Amfax's sole discretion, and subject to an electronic payment premium, payment for services may be made by the credit card designated by you for Amfax use and transactions. If the payment method for your Amfax account is by credit card and payment is not received by Amfax from the card issuer or its agents, you agree to pay all amounts due upon demand by Amfax. Each time you use Amfax Services, or allow or cause Amfax Services to be used, you agree and reaffirm that Amfax is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Amfax, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Amfax 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 Amfax 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.
You agree that Amfax may submit charges for your usage fees and monthly service fee (if applicable) each month, without further authorization from you, until you provide prior notice (in accordance with Amfax' verification procedures, as may be established by Amfax 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 Amfax reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Amfax' 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 Amfax in accordance with this Agreement.
Amfax reserves the right to suspend or terminate your Amfax 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 Amfax when Amfax 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 Amfax.
Disclaimer of Warranties and Limitation of Liability.
AMFAX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. AMFAX FURTHER EXPRESSLLY DISCLAIMS ANY WARRNTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This disclaimer includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any or all service interruptions caused by the negligence of Amfax and its employees or by Customer's errors and omissions.
Amfax its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the "Amfax Entities") shall not be liable and are not responsible for any loss or damage Customer suffers, or any party claiming through or under Customer, as a result of, or related to, the use of the Service including, but not limited to:
* performance of the Internet;
* loss or damage resulting from delays, computer virus or interruption of the Service, including deletion or failure to store messages, regardless of cause;
* loss or damage to Customer's equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Internet; or
* any indirect, incidental, special, punitive or consequential damages, including but not limited to, lost revenues or profits, resulting from or relating in any way to the use of the Service even if the Amfax Entities have been advised of the possibility of such damages.
You agree to indemnify and hold Amfax and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney's fees and expenses) arising out of the delivery of any information, the infringement of any trademark or copyright.
Termination
Amfax reserves the right to suspend or terminate services if Amfax, in its sole discretion, believes that the service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices
You may cancel the services at any time.
Amfax shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Amfax shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party.
Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.