1 (888) 532-9265
1 (323) 817-1155
+44 (0) 8707 113311
1. j2 GLOBAL TERMS OF SERVICE
The eFax® corporate services described in Section 2 below (the "Corporate Service(s)" or the "Service(s)") are provided to Member under the terms and conditions of this j2 Global Terms of Service and all operating rules, policies, price schedules, and other supplemental documents referred to in this agreement or published from time to time by j2 (collectively, the "TOS"). This agreement is between you ("you" or "Member"), as an authorized user of the Services, and j2. "j2" means the following: (a) j2 Global Communications, Inc., a Delaware corporation, with respect to customers residing in the United States, Mexico or any of the countries located in Central and South America; and (b) j2 Global Ireland Limited, a company organized under the laws of Ireland, with respect to customers residing in anywhere else in the world. The TOS (which include the supplemental documents which are expressly incorporated herein) comprise the entire agreement between Member and j2 and supersedes all prior agreements between the parties regarding the subject matter contained herein. Notwithstanding the foregoing, Members use of any software provided by j2 and related to the Service(s) shall be pursuant to a separate agreement governing Member's use of such software.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, MEMBER IS INDICATING ITS AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
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�s acceptance. Goods or services listed or described on this Website constitute an invitation to make an offer to purchase.
1.1 MEMBER'S USERS
MEMBER AGREES THAT IT IS RESPONSIBLE FOR ALL INDIVIDUAL USERS WHO ACCESS AND/OR USE THE SERVICE THROUGH MEMBER'S CORPORATE ACCOUNT ("Member's Users"). Accordingly, the terms, conditions, restrictions and obligations of the TOS applicable to Member (excluding Member's payment obligations to j2) shall be construed to also apply to all Member's Users, and Member shall be liable for any breach hereof by any of Member's Users. Member understands and agrees that Member will have the ability to access all Member's Users' account activity, including but not limited to viewing the content of fax transmissions sent or received by Member's Users through the Service and altering the configuration of Member's Users' accounts. Member will provide to Member's Users all due notices and information regarding Member's ability to access, view and control Member's Users' use of the Service; and Member will provide Member's Users with sufficient written instruction to ensure Member's Users use the Service in compliance with the terms, conditions, obligations and restrictions set forth herein. Member acknowledges and agrees that j2's "free" services, such as eFax Free® and jConnect Free® ("Free Services") are for PERSONAL, NON-COMMERCIAL USE ONLY. j2 is permitted from time-to-time to audit Member's use of j2's Free Services by comparing Member's internal email domain name extensions with the email domain name extensions associated with j2's Free Service accounts. Member agrees to provide j2 with a list of all of domain name extensions used by Member for its internal email, and to update that list from time-to-time as domain name extensions are added or deleted. In the event j2 discovers that any Free Service account has an email domain name extension identical to any of Member's internal email domain name extensions, j2 will notify Member and Member will be required to: (a) either terminate the violating Free Service account or add that account to under the TOS, and (b) pay j2 for such Free Service account for period in which such Free Service account was outstanding (but in no event for any period beginning prior to the date Member agrees to the TOS) at the pricing applicable under the TOS.
1.2 MEMBER'S ADMINISTRATOR
Once Member's account is activated, j2 will automatically send an administrator user name and password by email to the individual designated by Member in the registration process as Member's administrative contact (the "Administrator"). The Administrator can access j2's Web-based administrative tool using the Administrator user name and password at the Web site designated by j2 (the "Administrative Tool"). Through the Administrative Tool, the Administrator can assign, reassign or unassign Service telephone numbers to Member's Users. Member acknowledges and agrees that all Service telephone numbers assigned, reassigned or unassigned through the Administrative Tool shall be deemed to be active accounts for billing and all other purposes under the TOS. In order to remove a Service telephone number from Member's account, and thereby avoid charges for that account, Member must call j2's Corporate Sales Department.
If you begin the sign up process for the Service but fail to complete the process, j2 may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize j2 to make such contact, even if you ultimately determine not to sign up for the Service.
2. DESCRIPTION OF SERVICES
j2 is providing Member with a capability to send and receive fax documents using electronic mail ("email") pursuant to the terms set forth herein. Member must: (1) provide all equipment necessary to receive email; (2) provide its own email address to which the fax documents will be routed; and (3) provide for its own access to an email service and pay any access, service or other fees associated with such email services.
2.1 DESCRIPTION AND PRICE OF CORPORATE SERVICE
The Corporate Service currently known as "eFax Corporate" is described here. The price schedule for this Corporate Service, which is incorporated herein by this reference, is available here
. EXCEPT AS OTHERWISE AGREED, YOU ACKNOWLEDGE THAT BY USING THE CORPORATE
SERVICE YOU ARE AGREEING TO A MINIMUM $100 PER MONTH SERVICE COMMITMENT
In addition to the Corporate Service, Member has the option to order one of j2's secure Corporate Services, "eFax Secure" or TLS encryption. Please note that a Member is unable at this time to order both eFax Secure and TLS encryption. Through eFax Secure, Member receives the same services as eFax Corporate except that an email notification is sent upon receipt of a fax, which contains a secure link to access the fax from a secure 128-bit encrypted storage Inbox dedicated for that telephone number. TLS encryption service enables j2 to route faxes to Member through encrypted secure email. It ensures that all faxes sent to Member through the Corporate Service will be routed through a single gateway and will be encrypted as they pass across the Internet. SMTP over TLS is implemented using the Extended SMTP (E-SMTP) protocol, and is detailed in RFC 3207. j2 TLS transmissions use enforced TLS via an X.509 certificate exchange. The use of TLS is negotiated between SMTP servers by use of a single Service Extension to SMTP, known as STARTTLS. If the request is accepted, the two servers will validate each other's certificates and the channel then becomes encrypted. After this point, all communications between the servers will be private. For inbound faxing, Member's MTA (Mail Transfer Agent) provides its server certificate for authentication. For outbound faxing, j2's MTA supplies its server certificate for authentication.
The following additional service fees (above and beyond standard eFax Corporate fees) apply for eFax Secure, which vary based upon the selected Inbox storage amount:
|Inbox Storage Amount
||Additional Monthly License Fee per Telephone Number
Member will be notified via email if an Inbox reaches 85%, 90%, 95% and 100%, respectively, of storage capacity. Messages received that cause the Inbox to exceed 100% of storage capacity will be rejected and Member will not have access to them. If Member selects this service, Member specifically acknowledges and agrees to the foregoing limits.
The following additional service fees (above and beyond standard eFax Corporate fees) apply for TLS encryption:
||Monthly License Fee per Account
2.2 PAYMENT FOR CORPORATE SERVICE
- Member agrees to pay all charges for the Corporate Services to which Member subscribes at the prices and upon the terms set forth in the TOS (including all documents incorporated herein) and as updated from time to time by j2. Member's payment obligation for the Corporate Services shall accrue on the date the TOS are agreed to by Customer (whether or not Customer has provisioned telephone numbers to its End Users or otherwise initiated use of the Services). j2 reserves the right to charge value-added ("VAT"), sales or other taxes on the Corporate Services as it deems appropriate and to change prices or institute new charges for access to or use of Corporate Services at any time upon not less than thirty (30) days' notice to Member. All changes will be posted on the j2corporate.com World Wide Web site, and such posting shall be considered sufficient notice to Member. Member is responsible for regularly reviewing pricing information so posted to obtain timely notice of such changes. Continued use of Corporate Services or non-termination of Corporate Services after changes are posted constitutes Member's acceptance of the prices and/or charges as modified by the posted changes.
- Depending upon which billing method the Member chooses, j2 will charge, in arrears on a monthly billing cycle, to the credit card account provided by Member all activation, subscription, and usage fees, which charges are hereby authorized by Member. Additionally, usage charges shall be charged to the credit card as certain billing thresholds are reached, as established by j2, within any given billing cycle. Member further agrees that j2 may submit charges for Member's account without further authorization from Member, until Member provides prior notice that Member has terminated this authorization or wishes to change Member's designated card. If the payment method for Member's account is by credit or debit card and payment is not received by j2 from the card issuer or its agents, Member agrees to pay all amounts due upon demand by j2.
Alternatively, if Member chooses to be invoiced, j2 will establish credit and user number limits as deemed appropriate based on Member's credit history. In that case, j2 will invoice Member on a monthly billing cycle for all activation, subscription, and usage charges, which invoices shall be paid by Member within thirty (30) days of the date of invoice. Invoices, including billing details, will be delivered to Member via either mail or in electronic form via email or a webpage. If Member incurs charges beyond its established credit limit, j2 will be entitled to immediate payment for such charges. Payments not received within thirty days will accrue interest at a rate of one and one-half percent per month, or the highest rate allowed by applicable law, whichever is lower. All payments shall be made in U.S. dollars.
- Member understands and agrees that any activation or other up front fees are non refundable and that the monthly subscription fees are payable on a monthly basis. Cancellation on the first day, or any day, of a monthly period shall be considered as Member usage for that monthly period and no refund shall be made for that monthly period. With respect to j2 outbound faxing service, please be advised that j2 will bill you for each attempt made by j2 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.
- Member agrees to reimburse j2 Global for all costs and expenses incurred by j2 Global in connection with j2 Global attempting to collect any amount due hereunder, including reasonable attorneys' fees and other costs of collection. In addition, j2 reserves the right to suspend or terminate Corporate Services without notice upon rejection of any credit or debit card charges or if Member's card issuer (or its agent or affiliate) seeks return of payments previously made to j2 when j2 believes Member is liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to j2.
4. MODIFICATIONS TO TERMS OF SERVICE AND PRIVACY POLICIES
5. MODIFICATIONS TO SERVICE
j2 reserves the right to modify or discontinue the Service upon forty-five (45) days notice to Member. j2 shall not be liable to Member or any third party should j2 exercise its right to modify or discontinue the Service.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
As part of the registration process, Member shall be required to provide an email address.
Once Member becomes a member of the Service, a password and fax number will be automatically sent to
Member by email. Member may change Member's password to protect Member's faxes by
accessing the My Account section2 of the www.j2corporate.com World Wide Web site. Member is
entirely responsible if Member does not maintain the confidentiality of Member's password,
fax number and account information. Furthermore, Member is entirely responsible for any and
all activities which occur under Member's account. Member agrees to immediately notify j2 of
any unauthorized use of Member's account or any other breach of security known to Member.
MEMBER UNDERSTANDS AND AGREES THAT MEMBER IS NOT THE OWNER OF ANY FAX NUMBER(S) ASSIGNED TO
MEMBER BY j2. ALL SUCH FAX NUMBERS ARE OWNED SOLELY BY j2. MEMBER UNDERSTANDS AND AGREES THAT
FOLLOWING THE TERMINATION OF SERVICE FOR ANY REASON, SUCH FAX NUMBER MAY BE RE-ASSIGNED
IMMEDIATELY TO ANOTHER MEMBER AND MEMBER AGREES THAT j2 WILL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES)
ARISING OUT OF ANY SUCH RE-ASSIGNMENT, AND MEMBER HEREBY WAIVES ANY CLAIMS WITH RESPECT TO
ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF j2 HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
7. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. j2 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. j2 MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES j2 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THE ACCRACY OR RELIABILITY OF ANY FILTERING TECHNOLOGY USED IN CONNECTION WITH THE SERVICE, OR THAT DEFECTS IN EFAX.COM SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. j2 MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. j2 RESERVES THE RIGHT TO MAKE THE SERVICES INOPERABLE IN ORDER TO CONDUCT MAINTENANCE AND/OR UPGRADES, AND DEPENDING ON CIRCUMSTANCES MAY NOT INFORM MEMBER IN ADVANCE OF ANY SUCH DOWNTIME. j2 ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE FAX AND EMAIL MESSAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM j2 OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL j2 OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF j2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. j2 LIABILITY TO MEMBERS OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER.
9. NO RESALE OF THE SERVICE
Member agrees not to resell the use of the Service.
10. SERVICES PROVIDED BY OTHER SERVICE PROVIDERS
j2 offers the Service to its Members as a capability, consistent with the terms and conditions hereof, for generating, acquiring, transforming, processing, utilizing or making available information via telecommunications services purchased from telecommunications carriers ("Carriers") and information services purchased from other ISPs. j2 does not provide or resell telecommunications services, but where necessary may obtain and integrate telecommunications services from Carriers as part of the Service it offers to its Members. The per minute charge, if any, charged by j2 to its Members for any or all of the Services includes: (a) the charges, surcharges, taxes, fees, and assessments, without limitation, imposed on j2 by Carriers, calculated on a per minute basis ("Carrier charges"), and (b) a Service management fee equal to the difference, if any, between the charges imposed by j2 for any or all of the Services and Carriers' charges.
11. MEMBER CONDUCT
Member is solely responsible for the contents of its transmissions through the Service, and, as stated above, j2 simply acts as a passive conduit for Member to send and receive information of Member's own choosing. However, j2 reserves the right to take any action with respect to the Service that j2 deems necessary or appropriate in j2's sole discretion if j2 believes Member or Member's information may create liability for j2, compromise or disrupt the Service for Member or other j2 subscribers, or may cause j2 to lose (in whole or in part) the services of j2's ISPs or other suppliers. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to use the Service 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 Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees 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 Service makes use of the Internet for Member to send and receive information of Member's own choosing; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use or reference the Service for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and will not attempt to gain unauthorized access to other computer systems. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
12. JUNK FAX/SPAM DROP-BOX POLICY
The transmission of unsolicited commercial "junk faxes" is illegal under the Federal Telephone Consumer Protection Act of 1991 (http://ftp.fcc.gov/cgb/consumerfacts/unwantedfaxes.html) and a number of similar state laws, and j2 understands that receipt of such faxes can impair your use of our Services. Accordingly, j2 intends to use legally available means to prevent distribution and receipt of such junk faxes to our Members. If Member believes he or she has received a junk fax, we ask that the Member take the following two steps:
(1) If the junk 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 to file a complaint with j2 by inserting the required information and including a copy of the offending fax: http://www.j2corporate.comhttp://www.efaxcorporate.com/scorp/twa/page/corporateAbuseForm.
Member hereby acknowledges and agrees that j2, as owner of all fax numbers issued through the Service, has any and all rights to assert any and all legal claims available against any third party as a result of Member's receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent Member does have any rights to bring any such claims, Member hereby assigns any and all such rights to j2.
Because j2's numbers may be reassigned to other customers in the event Member's account is canceled, and to ensure the best possible service for all customers, Member is not permitted to "opt in" to receive spam faxes on Member's j2 number.
j2 does not permit its customers to use their j2 number as a "drop-box" for responses to email spam offers. If Member believes he or she has received email spam that uses an j2 number as a fax drop-box for responses, we ask that the Member take the following two steps:
(1) If the email contains an email address, telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional emails, please do so.
(2) If Member is unable to successfully "unsubscribe," please forward the offending email to email@example.com. We will investigate Member's complaint and determine if the fax number referenced in the spam email is owned by j2. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their j2 Service.
Member agrees to indemnify and hold j2, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of the TOS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
14. TERM AND TERMINATION
The TOS shall commence on the date they are entered into by Member and shall continue in full force and effect for a period of one (1) month, and thereafter the TOS shall automatically renew on a monthly basis. At any time, either party may terminate the TOS without cause upon prior written notice. In addition, the TOS may be terminated at any time by either party upon written notice if the other party (a) ceases to function as a going concern or to conduct operations in the normal course of business, or (b) has a petition filed by or against it under any state or federal bankruptcy or insolvency laws (or their foreign equivalents) which petition has not been dismissed or set aside within sixty (60) days of filing. j2 shall not be liable to Member or any third party for termination of the TOS or the Service. Upon termination of the Service or the TOS, Member's right to use the Service immediately ceases. Member shall have no right and j2 will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Member shall have no right and j2 will have no obligation after termination to refund any pre-paid amounts to Member, except as otherwise provided herein. j2 reserves the right to refuse the Service to any Member who has cancelled any number of previous Service accounts.
15. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by j2 or j2's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
16. GENERAL TERMS
The TOS are governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to the TOS shall be brought in a court in Los Angeles County, California; provided, however nothing herein 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 the TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.j2's failure to act with respect to a breach by Member or others does not waive j2's right to act with respect to that or subsequent or similar breaches. Member may not assign or transfer the TOS or any rights hereunder, and any attempt to the contrary is void. j2 shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond j2's reasonable control. Member agrees that j2 may communicate with Member via email and any similar technology for purposes relating to Member's membership or the Service and any other services provided or which may in the future be provided by j2 or on j2's behalf. the TOS set forth the entire understanding and agreement between the parties with respect to the subject matter hereof. The Service hereunder is offered by j2, located at 6922 Hollywood Blvd, Suite 500, Los Angeles, CA 90028. Information about fees for services offered by j2 are available at j2's corporate web site www.efaxcorporate.com.
eFax Corporate makes it easier for members to send and receive their
faxes in a secure attachment.