TERMS OF USE

ACCEPTANCE OF TERMS

The information and services that etherFAX provides to you via this website are subject to the following Terms of Use (“TOU”). etherFAX reserves the right to update this TOU at any time without notice to you. If you have any questions about this TOU, please contact us via the contact information provided at the bottom of this page.

DESCRIPTION OF SERVICES

Through this web site etherFAX provides you with access to a variety of resources, including download areas, product information and access to fax web services supporting interoperable machine-to-machine communication (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to this TOU.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

etherFAX makes maintaining the privacy of its customers its highest priority and therefor upholds policies to insure that information entrusted to it remains confidential. Additionally, the etherFAX network has implemented a strong security defense to prevent malicious eavesdropping of sensitive information and other nefarious attacks on its overall operation. etherFAX provides its customers protection by adopting security best practices that include encryption and other security mechanisms to assure customer information and data in transit remains protected at all times.

Fax images sent by you are not stored by the Service and the you are responsible for maintaining the fax images. Faxes received by the Service are stored only momentarily and once delivered to the Fax Server, the fax is deleted utilizing FIPS 140-2 compliance standards.

In the course of managing our website and our web-services, we may track information about visitors and users. This may include tracking information including the URL that visitors come from, the URL that visitors go to next, visitor browser version and visitor IP addresses. This information is used only for the routine operation of our website and web-services and is not disclosed to third-parties.

etherFAX does not monitor, edit, or disclose the contents of incoming and outgoing customer messages or fax distribution lists, unless required to do so by law or in the good faith belief that such action is necessary to protect and defend the rights or property of etherFAX.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE

Any software that is made available to download from our website or web-service (“Software”) is the copyrighted work of etherFAX and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install or use any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent provided by law.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ETHERFAX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, ETHERFAX MAY MAKE AVAILABLE AS PART OF THE SERVICES OR ITS SOFTWARE, PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ETHERFAX DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT MAY BE DERIVED FROM THE USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE VIA THE SERVICES OR ETHERFAX’S SOFTWARE PRODUCTS.

NOTICE SPECIFIC TO RESOURCES AVAILABLE ON THIS WEB SITE

All materials and resources contained on this website are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of etherFAX. You may not alter or remove any trademark, copyright or other notice from copies of the content.

ETHERFAX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS OR RESOURCES AND ANY RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS, RESOURCES AND RELATED GRAPHICS ARE PROVIDED “AS IS WHERE IS” WITHOUT WARRANTY OF ANY KIND. ETHERFAX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ETHERFAX BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS, RESOURCES AND RELATED GRAPHICS PROVIDED BY THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ETHERFAX MAY MAKE IMPROVEMENTS AND/OR CHANGES TO ITS PRODUCTS, RESOURCES AND/OR PROGRAMS AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE

IN NO EVENT SHALL ETHERFAX BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, ETHERFAX’S WEB-SERVICES, SOFTWARE, DOCUMENTS, RESOURCES, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. 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 etherFAX immediately of any unauthorized use of your account or any other breach of security. etherFAX 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 etherFAX 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 etherFAX server, or the network(s) connected to any etherFAX 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 etherFAX 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 agree that you are responsible for all individual users who access and/or use the Services through your account (each, an “End-User”). Accordingly, the terms, conditions, restrictions and obligations of this TOU applicable to you will also apply to all End-Users, and you may be liable for any breach by any End-User.

USE OF SERVICES

The Services may contain those which are designed to enable you to communicate with others (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. You are solely responsible for the content of your transmissions via the Services and etherFAX reserves the right to take any action with respect to the Services that it deems necessary or appropriate if it believes you or your transmissions may create a liability for etherFAX.

By way of example, and not as a limitation, you agree that when using the Communication Services, you will (a) comply with FCC Regulations regarding unsolicited fax transmissions (b) not use the Service for illegal purposes, including but not limited to distribution of unsolicited facsimile advertisements; (c) not 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 (d) not transmit through the Service any unlawful, harassing, libelous, threatening, vulgar, obscene or otherwise objectionable material. The Service may use filters and other technologies and procedures to terminate unsolicited fax advertisements without delivering them.

etherFAX reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. etherFAX reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to limit your use of the Services in its sole discretion.

etherFAX does not control or endorse the content, messages or information found in any Communication Services and, therefore, etherFAX specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

COPYRIGHT NOTICE

CONTACT INFORMATION

Send questions to: legal@etherfax.net