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.
Privacy and Protection of Personal Information
See the Privacy Policy for disclosures relating
to the collection and use of your information.
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 FaxRabbit immediately of any unauthorized use of your
account or any other breach of security. FaxRabbit 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 FaxRabbit
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 FaxRabbit server, or the network(s) connected to any FaxRabbit
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 FaxRabbit 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 represent that the information submitted for
transmission via the FaxRabbit network for the 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. FaxRabbit simply acts as a passive
conduit for you to send and receive information of your own choosing.
However, we reserves the right to take any action with respect
to the Services that FaxRabbit deems necessary or appropriate in
its sole discretion if we believes you or your information may
create liability for FaxRabbit, compromise or disrupt the Services
for you or other Customers, or cause FaxRabbit to lose (in whole
or in part) the services of FaxRabbit’s 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. We have no control of the
content of the information passing through the Services.
FaxRabbit 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 FaxRabbit promptly of any changes to this
information as required to keep it current, complete and accurate.
We reserve the right at all times to disclose any information as
FaxRabbit deems necessary to satisfy any applicable law, regulation,
legal process or governmental request.
You agree to be financially responsible for your
use of the 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, trade names, inventions and materials comprising
the FaxRabbit Service are wholly owned by FaxRabbit and/or its licensors
and service providers except where expressly stated otherwise.
You understand and agree that you are not the owner
of any FaxRabbit fax number (“FaxRabbit Number”) assigned to you by
us. Ownership of any such FaxRabbit Number is vested solely in FaxRabbit
(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 FaxRabbit account for any reason, such FaxRabbit Number may
be re-assigned immediately (although there is typically a transition
period) to another customer, and you agree that FaxRabbit 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 FaxRabbit has been advised of the possibility
of damages.
You further understand and agree that FaxRabbit
may from time to time need to change the FaxRabbit Number assigned
to you (whether due to an area code split or any other reason whether
outside or within FaxRabbit's control). You agree that FaxRabbit will
not be liable for damages (including consequential or special damages)
arising out of any such change in the FaxRabbit 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 FaxRabbit
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 FaxRabbit
Number assigned to you by FaxRabbit 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 FaxRabbit the right to immediately
terminate your FaxRabbit account without notice.
You hereby acknowledge and agree that FaxRabbit,
as owner of all FaxRabbit 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 FaxRabbit.
Because our FaxRabbit 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 FaxRabbit Number.
Charges
You agree to pay all charges for your use of FaxRabbit
Services at the prices then in effect for your country of residence.
All charges will be exclusive of value added ("VAT"),
sales or other taxes, except as required by law. FaxRabbit reserves
the right to change prices or institute new charges for access
to or use of FaxRabbit. All changes will be posted by FaxRabbit at
the FaxRabbit websites and you are responsible for regularly reviewing
such pricing information to obtain timely notice of such changes.
Continued use of FaxRabbit Services or non-termination of your FaxRabbit
account after changes are posted constitutes your acceptance of
the prices as modified by the posted changes. Per page prices are
based on a 60 second transmission time; pages that take longer
to transmit may be charged as multiple pages. FaxRabbit 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.
Charges for Services may include Activation, Monthly
Subscription, Usage Fees, toll charges, taxes and all other applicable
charges. Your activation fee and monthly service fees 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 FaxRabbit).
FaxRabbit accepts payments only by credit card.
You must provide FaxRabbit a valid Visa or Mastercard credit card
number ("Credit Card"). Your initial use of the Service
authorizes FaxRabbit to charge the credit card number for all charges
arising from Customer's use of the Services. The Customer shall notify
FaxRabbit of any change to the Credit Card information including,
without limitation, changes in account number, expiration date and
change of billing address. If you do not notify us that your card
information has changed ( i.e. a new card to replace an expired one),
your Service may be interrupted and we may charge you a disconnection
fee.
A monthly invoice will be provided by FaxRabbit
either on-line or by email to the email address you have provided
to us, Such invoice will show all charges invoiced billed to the
Customer’s Credit Card. FaxRabbit reserves the right to charge the
Customer's Credit Card at any time during a service month if, at
any time, you owe to us more than $50 per fax line. The first month's
monthly service fees will be prorated to take into account any partial
month of Service after the expiration of the Trial Period. The payment
due date is 14 days after invoicing date.
All long-distance transmissions are subject to
the applicable toll charges that are associated with the service
plan Customer has selected. All long distance transmissions will
be charged at the current international rates published on FaxRabbit's
website as may be listed from time to time.
You must dispute any charges for the Services within
thirty (30) days of the date of your monthly invoice. The Customer
understands and agrees that failure to dispute any charges within
such thirty (30) day period period constitutes agreement with the
invoice and a waiver your right to dispute charges on such invoice.
All notices of disputed charges should be sent to:
.
FaxRabbit may suspend or terminate the Services
for nonpayment. All accrued charges shall immediately be due and
payable, and a late fee of 1% per day may be added, up to a maximum
of $120. Customers will be charged a fee of ten dollars ($10.00)
if charges cannot be processed to the Credit Card for any reason.
Neither suspension nor termination of the Service shall relieve the
Customer from the obligation to pay all amounts owing under this
Agreement.
Prices, rates and fees for Service and Equipment
do not include applicable provincial or federal taxes or duties (including
without limitation Provincial Sales Tax and Federal Goods and Services
Tax). The Customer shall pay all applicable taxes, which will be
added to any amounts otherwise owed by the Customer under the Agreement.
Disclaimer of Warranties and Limitation of Liability
FaxRabbit makes no warranties of any kind, express
or implied, with respect to the services. FaxRabbit
further expressly disclaims any warranties
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 FaxRabbit and its
employees or by Customer's errors and omissions.
FaxRabbit its affiliates, and their respective officers,
directors, agents, employees, suppliers and shareholders (collectively,
the "FaxRabbit 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 FaxRabbit Entities have been advised of the possibility
of such damages.
You agree to indemnify and hold FaxRabbit 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
FaxRabbit reserves the right to suspend or terminate
services if FaxRabbit, 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. For the
subscription-based services, you will be charged for the entire month
in which you provide cancellation notice plus long-distance charges
and any unbilled charges.
FaxRabbit 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. FaxRabbit 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.
