eFax Customer Agreement




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

These Terms of Service are effective on January 5th, 2010, for current users, and upon acceptance for new users.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR SIGNING UP FOR SERVICES

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. Fax Search.
7. Email Capabilities.
8. eFax Broadcast Service Usage.
9. Privacy Policy.
10. Customer Responsibilities.
11. Unsolicited Fax Advertisement/Spam Drop-Box Policy.
12. Termination.
13. Customer Representations.
14. Modifications to Customer Agreement.
15. Modifications to Services.
16. Member Account, PIN, and Security.
17. Disclaimer of Warranties and Limitation of Liability.
18. Charges.
19. Termination for Non-Payment.
20. Credit and debit card updates
21. Ownership.
22. Indemnification.
23. No Resale Of The Services.
24. Participation In Promotions Of Advertisers.
25. Notices; Consent.
26. General Terms.
27. Other Copyrights/Ownership.
28. 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 www.efax.com/privacy.html, 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.

1. eFax Services.

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

a. 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".

b. 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".

c. 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".

d. 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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2. eFax Pro Service Usage.

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:

a. 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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3. eFax Plus Service Usage.

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:

a. 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.

b. 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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4. eFax Free Service Usage; Fair Use Policy.

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 9 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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5. Storage of Faxes.

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, one year for Plus Customers and two years for 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 14. 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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6. Fax Search.

While your eFax account is active, j2 Global will scan, perform optical character recognition and index the text of fax messages received through your eFax Number. The indexed text of these faxes will be searchable through the online eFax Message Center for as long as the faxes are stored there. j2 Global may also offer other features and functionality from time to time. You acknowledge that j2 Global may change its practices and limitations concerning the search and indexing capabilities of fax messages, including without limitation, the features and functionality, at any time as provided for in Section 15. You further agree that, subject to applicable law, j2 Global has no responsibility or liability whatsoever for the searching or indexing of or failure to search or index any fax messages and/or other communications maintained or transmitted by the Services.

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7. Email Capabilities.

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 14. This email service may not be available in all countries where j2 Global offers eFax Numbers.

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8. eFax Broadcast Service Usage.

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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9. Privacy Policy.

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 www.efax.com/privacy.html. 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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10. Customer Responsibilities.

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 to 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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11. Unsolicited Fax Advertisement/Spam Drop-Box Policy.

a. 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://ftp.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: www.efax.com/en/efax/twa/abuse. 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.

b. 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. 2. If you are unable to successfully "unsubscribe," please forward the offending email to abuse@mail.j2.com. 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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12. Termination.

a. 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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13. Customer Representations.

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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14. Modifications to Customer Agreement.

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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15. Modifications to Services.

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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16. Member Account, PIN, and Security.

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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17. Disclaimer of Warranties and Limitation of Liability.

a. 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.

b. 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.

c. 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.

d. 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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18. Charges.

Except as otherwise provided by applicable law:

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

f. 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.

g. 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.

h. 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).

i. 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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19. Termination for Non-Payment.

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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20. Credit and Debit Card Updates.

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.

21. Ownership.

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

f. 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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22. Indemnification.

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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23. No Resale Of The 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.

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24. Participation In Promotions Of Advertisers.

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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25. Notices; Consent.

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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26. General Terms.

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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27. Other Copyrights/Ownership.

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

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28. Legal Notices.

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 14 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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eFax is a registered trademark of j2 Global Communications.
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