GoFaxer.com Service Agreement; Terms and Conditions of Use *IMPORTANT IF YOU ARE BEING BILLED THROUGH YOUR PHONE BILL:* You must review, accept and confirm to the specific terms below in section 5(a)(i). Acceptance of Terms This Agreement (“agreement” or “Agreement”) is between GoFaxer.com Incorporated (“GoFaxer,” GoFaxer!,” “Provider,” or “Service Provider”) and the user (“you,” “user,” “customer,” or “Customer,”). This Agreement governs the use of any GoFaxer services, products, websites, or any relationship between the parties to which this Agreement makes reference (also referred to as “Service,” Service Plan,” or “GoFaxer Services”). My accessing or using any GoFaxer websites or services, you consent to be bound by the terms and conditions of this agreement. You are hereby advised to review the terms of this agreement before using any aforementioned services or products. GoFaxer reserves the right to deny, remove, or alter service to or for any entity who does not comply with the terms of this Agreement. Further, GoFaxer may amend or alter the terms of this agreement from time to time. You hereby agree and are advised to review the terms of this Agreement (available on our website at GoFaxer.com, but not limited to that location) to remain up to date on the terms of this agreement. No notice is required to you and/or any other users before or after making any changes to this agreement. 1. Service GoFaxer is intended as an Internet faxing service. The Service is intended for individuals or small office’s to be used normally as one would use a fax machine or fax activity. The Service is intended to be provided via Internet web browser application to be used wherever the user has pre-existing internet access and their customer information, including their username and password. GoFaxer shall initially offer various tools and options to the user, and may from time to time, alter, amend, modify, add, remove, or replace various tools and functionality in the Service. Normal service use shall include use of the Service to receive faxes and to send faxes, given any existing limitations of the service. a. Term Service is offered on a monthly basis for a term which begins on the date that GoFaxer activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give GoFaxer written notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, plus a possible disconnect fee, all of which immediately become due and payable. i. Service Trial Period Terms Users may be billed during their trial/money-back guarantee period, but will be refunded if they cancel during that period according to the terms below. Different service trial period may apply depending on the service package or plan you enter into when sign up for the Service. Please be aware that your trial period may be 30 days or 3 days depending on your method of signing up. Instances in this paragraph use the 30 day trial period as an example, and also apply to a 3 day trial period. If when signing up for GoFaxer Service, Customer is given an offer for a No-Risk Trial Period (also applies to “risk-free trial period,” “money back guarantee,” or similar language), the following terms will apply to such No-Risk Trial Period. Upon signing up for service with GoFaxer your credit card may be charged for the first month’s usage plus any applicable activation fee. The date upon which your card will be charged may vary. You then have 30 days from the date of signing up for the service to use the Service in which you can contact us to cancel the Service, this 30 day period applies whether or not you actively sign in to use the service. If you do not cancel your service, you will be charged. Cancellation dates are based upon receipt of your affirmative indication that you wish to cancel service. While we usually receive Customer Cancellation notices the same day as they are sent or made (often via electronic or telephone communication), it is your responsibility as the Customer to ensure that ample time if provided in the delivery of such notice for it to be effective (e.g. if customer uses traditional mail to send us notice, delivery and receipt of such notice may take several days). During the No-Risk Trial Period, the customer may use the Service up to the included amount of pages provided in the service plan for which Customer signed up. Any usage in excess of the included number of pages included will be charged to the Customer, and such fees will not be refunded. For example, if during the No-Risk Trial Period a Customer signed up for a Service plan that includes 500 pages of usage before additional fees would apply, said Customer uses 510 pages, the Customer would be liable to pay for the 10 pages of usage which was in excess of the 500 page limit at the current rate of excess pages at the time Customer signs up for the Service. After a Customer has successfully canceled within the 30 day Trial Period, GoFaxer will refund back to the Customer the monthly service charge for the Service, plus any additional activation fees. Refunds will be in the form of crediting back the original method of payment, such as, but not limited to, the Customer’s credit card or LEC bill. Because of the processing time involved in refunding payments and fees, all refunds may take up to 60 days to appear on Customer’s credit card statement or other means by which payments have been made to GoFaxer. Any other fees owed to GoFaxer by Customer will be deducted from any refunded money. Trial Period Service Use Limitations: Use of the GoFaxer service may be limited during your trial period. Limitations may include, but are not limited to, a cap on pages sent per a day or during the trial period, caps on the number of different phone numbers faxes are sent to, caps on the number or size of e-mail messages sent each day or during the trial period. b. Lawful Use of Service and Device You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Further, you agree to be bound and respect the local laws or regulations of any country in which you contact or is contacting you via the Service. GoFaxer reserves the right to terminate your service immediately and without advance notice if you violate the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a possible disconnect fee, all of which immediately become due and payable. You hereby agree, and we further advise you as a potential or existing customer to never send unsolicited fax transmissions. The TCPA (47 USC § 227) and its implementing FCC regulations (mainly 47 CFR § 64.1200) prohibits the transmission of any material advertising the commercial availability or quality of any product, service or property to any person without that person's prior express permission or request. For more information visit http://www.junkfaxes.org. The aforementioned web link provides important and relevant information, but we do not warrant or suggest that all relevant material dealing with the compliance of laws or with this agreement are located at such website. It is the sole responsibility of the customer to learn of, and observe all relevant laws and regulations which may cover or related to use of GoFaxer’s Service. c. Loss of Service Due to Power Failure or Events Not Within GoFaxer’s Control You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment (including their personal computer) prior to utilizing the Service. You acknowledge that GoFaxer is not responsible for loss of service either temporarily or permanently due to circumstances which are out of GoFaxer’s direct control. This might include, but is not limited to, service failure by any of GoFaxer’s service providers, or termination of any agreements between GoFaxer and any of its service providers. In the even of such loss of service, GoFaxer shall only be liable for the actual cost of service limited to any unusable portions of the month in which the failure occurred that the customer has already paid for and the cost, if any of pages sent using the GoFaxer service that were not delivered or received. Such per a page cost would only apply if the customer is, or would be actually charged a per a page charge for sending pages which subsequently were undeliverable (e.g. 12 cents per a page if the customer has exceeded their monthly allowance during the applicable time period). d. Unauthorized Usage of Service or Software You acknowledge that you are not given any license to use any software or code that is made available either implicitly or expressly to you. You may not reverse engineer any aspect of the software or Service, and may not use the Service or any software for any other reason than the express purpose for which it is provided. The Service or software remains the property of the Service Provider, its business partners, agents, or affiliates. Further, GoFaxer at is sole discretion, may limit use of the Service to only the party who signed up for the service. GoFaxer is not intended as service for group, family, or multiparty use, other than a small office, or related environment, who currently, or intend to share a single fax line for related transmissions. Knowledge by the Service Provider of such unauthorized usage may, at Service Provider’s sole discretion, be deemed a violation of the terms of this agreement and subject to loss of service in any manner in which GoFaxer deems appropriate. Thus, usage of GoFaxer’s Service which is outside the type of usage that is intended under this agreement shall be subject to any remedial measure deemed necessary by GoFaxer at its sole discretion to maintain usage in accordance with the terms of this agreement. e. Theft of Service You agree to notify GoFaxer immediately, in writing or by calling or email to the GoFaxer customer support center, if the Service or software is stolen or if you become aware at any time that your Service is being fraudulently used. When you call or write, you must provide your account number, related phone or fax number, and a detailed description of the circumstances of the theft or fraudulently use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Again, as noted in the limitation of liability portion of this agreement, you agree to hold GoFaxer harmless for damages (aside from GoFaxer usage and service charges) you may sustain due to theft or fraudulent use of our services. f. Storage of Data GoFaxer Service involves a limited ability to store data relating to your Service usage, including, but not limited to, storing all incoming and outgoing faxes, along with usage statistics. All reasonable attempts will be made so that your Service data shall be stored without ever being intentionally deleted by GoFaxer as long as you do not exceed the amount of storage space that we have allocated for you and maintain an account in good standing. Such space may be altered from time to time without notice to you. Reasonable attempts shall be made before we take any action to remove any of your data if you come close to, or exceed the amount of storage space provided for your account. In the event that you come close to, or exceed the amount of space provided for you, GoFaxer reserves the right to take any remedial measures to ensure that you will be able to receive new incoming faxes, to ensure that customers do not exceed their provided for storage space, and to maintain the integrity of our systems. Such measures may include, but are not limited to, deletion of data, the inability to receive new data if data storage space is insufficient, and the ability of the customer to purchase or subscribe to expanded data storage space. Again, all reasonable measures are taken such that customer data existing within its provided space is never deleted as long as sufficient space exists for that customer’s account and provided customer’s account is in good standing. What this means to you is that GoFaxer will put all efforts necessary forward to store your faxes for as long as you are a GoFaxer customer in good standing. If you are within an initial trial period testing GoFaxer out, all faxes stored during that trial period will be deleted within 30 days, if you choose not to remain with the GoFaxer service after the initial trial period. If you are a paying GoFaxer customer and subsequently cancel or stop paying for service, GoFaxer will delete your stored faxes after 60 days, and will attempt to provide you notice before doing so giving you the opportunity to retain your data. If you are a GoFaxer customer and wish to have your stored faxes delivered to you in a data format, you may contact GoFaxer technical support who, for a processing fee, can provide you with stored fax data. IMPORTANT DISCLAIMER You hereby agree that use of the Service to store or archive data, faxes, documents, etc… is at your own risk. This means that GoFaxer assumes no liability for the integrity, completeness, existence, backup, or availability of any data for any period of time. You agree to hold harmless GoFaxer and any of its service providers for any damages or injury to you whatsoever, including, but not limited to, the unavailability or completeness of customer data at any time. Any and all statements made to you regarding data availability or storage are not to be considered a warranty of any kind, but rather a good faith attempt to provide such services, breach of which shall not hold GoFaxer liable for any damages as it is your responsibility to personally archive and backup all important data. 2. Use of Services and Customer Responsibilities a. Customer Responsibilities As a user you must provide GoFaxer with each piece of information it requests during the sign-up and registration process. Failure to provide any necessary information, or providing false information may result in a refusal of service or a cessation of service at anytime. Despite a cessation of service for these purposes the customer is still responsible for all charges due. You are fully responsible for the contents of your transmissions through the Services. GoFaxer simply acts as a passive conduit for you to send and receive information of your own choosing. However, GoFaxer reserves the right to take any action with respect to the Services that GoFaxer deems necessary or appropriate in its sole discretion if GoFaxer believes you or your information may create liability for GoFaxer, compromise or disrupt the Services for you or other Customers, or cause GoFaxer to lose (in whole or in part) the services of GoFaxer's ISPs or other suppliers. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. b. Nature of Services GoFaxer has no control of the content of the information passing through the Services GoFaxer 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 GoFaxer promptly of any changes to this information as required to keep it current, complete and accurate GoFaxer reserves the right at all times to disclose any information as GoFaxer deems necessary to satisfy any applicable law, regulation, legal process or governmental request. You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of GoFaxer 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. c. Ownership All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the GoFaxer Service and name are wholly owned by GoFaxer and/or its licensors and Service Providers except where expressly stated otherwise. You understand and agree that you are not the owner of any GoFaxer fax number (GoFaxer Number) assigned to you by GoFaxer. Ownership of any such GoFaxer Number is vested solely in GoFaxer (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 GoFaxer account for any reason, such GoFaxer Number may be re-assigned immediately (although there is typically a transition period) to another customer, and you agree that GoFaxer 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 GoFaxer has been advised of the possibility of damages. You further understand and agree that GoFaxer may from time to time need to change the GoFaxer Number assigned to you (whether due to an area code split or any other reason whether outside or within GoFaxer's control). You agree that GoFaxer will not be liable for damages (including consequential or special damages) arising out of any such change in the GoFaxer 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 GoFaxer 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 GoFaxer Number assigned to you by GoFaxer 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 GoFaxer the right to immediately terminate your GoFaxer account without notice. You hereby acknowledge and agree that GoFaxer, as owner of all GoFaxer 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 GoFaxer. Because our GoFaxer 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 GoFaxer Number. d. Billing Information and Updates For your protection, GoFaxer does not store customer billing information directly. There may be times that you will be asked to reenter billing and or personal information so that GoFaxer can begin, or continue to bill you for the Service. Further, you may be asked to provide billing information from time to time for the payment of additional services, service overages, or other fees you may have incurred. By using the Service you agree to cooperate with GoFaxer or its billing partners during the good faith retrieval of billing information or authorization from you. GoFaxer reserves the right to cancel use of the Service in the event that any customer does not provide necessary additional information or authorization when requested. 3. Service Outages and Emergency Services (911 DIALING) a. Non-Availability of Traditional 911 or E911 Dialing Service You acknowledge that we have told you that the Service does NOT support traditional 911, E911 or any other form of quick dial access to emergency services. b. Service Outages i) Power Outage Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. ii) Internet Service Outage You acknowledge that service outages by your Internet Service Provider will prevent you from accessing or using the Service. GoFaxer is not responsible for any loss of service which occurs under these purposes, and you will be responsible for any fees or charges which occur even if your are unable to access the Internet for any period of time. iii) Service Outage Due to Suspension of Your Account You acknowledge that service outages due to suspension of your account as a result of billing issues will prevent all services from functioning. iv) Other Service Outages You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent service. Such outages may occur for a variety of reasons, including, but not limited to those reasons described in this document. IMPORTANT DISCLAIMER 4. Limitation of Liability You acknowledge and understand that GoFaxer’s liability is limited for any Service Outage and/or inability on your part to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold GoFaxer, its affiliates and agents and any other service provider who furnish services to Customer in connection with this Agreement or the Service, harmless from claims or damages by, or in the right of, Customer relating to this Agreement, or the Services. While we maintain the best efforts to ensure consistent service availability, under no circumstance is GoFaxer ever liable for any incidental damages, special damages, consequential damages, or other damages resulting from use of the service, or outage of expected service availability. The customer hereby agrees in addition, that what ever the practices or services that GoFaxer may provide, it is solely the responsibility of the customer to ensure satisfactory receipt of any information either sent or received with sending or receiving party. 5. Charges / Payments / Default / Taxes / Termination a. Billing GoFaxer may bill the customer in a variety of means, based on the customer’s choice, or the manner in which the customer has signed up for the Service. If you choose to be billed by credit card, you must give us a valid credit card number when the Service is activated. If the card expires, or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must notify GoFaxer at once. In the event your credit card information changes, you may be asked to provide your credit card information again to GoFaxer. We will bill all charges monthly, quarterly, semi-annually, annually or bi-annually to your credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment or software purchases and shipping and handling charges. If available, and you opt to be billed via a Local Exchange Carrier (LEC), you hereby agree to all charges and understand that the actual billing agent is not associated with GoFaxer. All billing disputes concerning LEC billing must be sent to GoFaxer first, and then possibly the LEC billing agent if instructed to by GoFaxer. GoFaxer is not responsible for any errors, omissions, or any other problems under the sole control of the LEC. LEC billing is also governed by various terms present at the time of signing up for LEC billing. LEC billing is based upon customer billing telephone number eligibility, agreement to terms, and successful customer authorization. You agree that GoFaxer’s duty in regards to receiving authorization to bill your telephone number, is to obtain reasonable authorization that can be reasonably relied upon in charging any applicable billing telephone number. Pages included in your monthly or annual plans will not carry (roll) over to subsequent months. Monthly page transmission allotments (allowances) are to be used during their intended period only and then expire. For example, if you have 500 included pages in your monthly GoFaxer plan, and use only 100 pages in any give month. The next month at the beginning of your payment cycle, you will have 500 pages of usage, without any carry over from the previous month. In the event that exceed your monthly allowance of pages, you will be billed separately from your monthly fees if you exceed the pages provided in your GoFaxer plan. You may be prompted to provide your billing and credit card information once again to verify that charges. Such prompt may be made in various forms. GoFaxer will notify you via e-mail or standard mail that additional charges are due, but you may also be prompted upon signing to the GoFaxer service online or otherwise. Your billing and credit card information will be asked for again for your security. You agree to review and submit the information asked for as a means of paying for additional GoFaxer usage not covered by any applicable monthly plan. If you do not pay for service rendered or fees generated by GoFaxer, GoFaxer reserves the right to close your account until you submit payment as required. i. Phone Bill Billing Terms (LEC Billing) If you sign up with GoFaxer under a LEC (Local Exchange Carrier) billing plan, your monthly GoFaxer charges will be located on your phone bill. These may be called “enhanced telephone services.” GoFaxer is not affiliated with your phone company, and works with other companies for such billing purposes. If you are billed via your phone bill for the Service, you agree and confirm the following: A)That you are least 18 years of age and are authorized to make changes and/or incur charges to telephone number account you provide. B)That you and agree and give your authorization for GoFaxer.com to bill your local phone bill in the amount for this service which you signed up for. C)That you understand that this charge will appear in your local telephone bill on the PaymentOne, Billing Resource (or possibly other provider) bill page, billed on behalf of GoFaxer.com. D)That you understand that you can cancel the Service by contacting customer service in any of the manners provided. E)That you understand that GoFaxer.com is not associated with your local phone company.” F)That you have the right to dispute the GoFaxer.com, Inc charges billed on your local telephone bill. You are not legally responsible for GoFaxer.com, Inc charges incurred by minors or vulnerable adults without your consent. Your local telephone service will not be disconnected because you fail to pay a charge by GoFaxer.com, Inc, except that nonpayment of certain regulated telecommunications charges may result in disconnection of service in Alabama, Florida, Georgia, Kentucky, Louisiana, South Carolina and Tennessee. Further, your phone bill provider may require you to know this additional information: END USER BILLING RIGHTS DISCLAIMERS FOR ENHANCED TELECOMMUNICATIONS SERVICES DISCLAIMER FOR THOSE IN QWEST TERRITORY IN STATES EXCEPT MN (WA, OR, AZ, ID, MT, WY, UT, CO ND, SD, NE, IA, NM) CONTENT CHARGES ARE CONSIDERED ENHANCED TELECOMMUNICATIONS SERVICES. WHEN YOU ELECT TO BILL ENHANCED TELECOMMUNICATIONS SERVICES ON YOUR QWEST TELEPHONE BILL, NEITHER YOUR LOCAL OR LONG DISTANCE SERVICE CAN BE DISCONNECTED FOR FAILURE TO PAY THESE CHARGES. ENHANCED TELECOMMUNICATIONS SERVICE PROVIDERS MAY EMPLOY OTHER AGENCIES TO COLLECT DELINQUENT SERVICE CHARGES, EVEN IF QWEST HAS PREVIOUSLY ADJUSTED THEM FROM YOUR TELEPHONE BILL.   DISCLAIMER FOR THE STATE OF MINNESOTA ONLY CONTENT CHARGES ARE CONSIDERED ENHANCED TELECOMMUNICATIONS SERVICES. YOU HAVE THE RIGHT TO DISPUTE ENHANCED TELECOMMUNICATION SERVICE CHARGES BILLED ON YOUR QWEST TELEPHONE BILL. AS A TELEPHONE SERVICE SUBSCRIBER, YOU ARE NOT LEGALLY RESPONSIBLE FOR ENHANCED TELECOMMUNICATIONS SERVICE CHARGES INCURRED BY MINORS OR VULNERABLE ADULTS WITHOUT YOUR CONSENT. NEITHER A LONG DISTANCE COMPANY NOR QWEST MAY DISCONNECT YOUR LOCAL TELEPHONE OR LONG DISTANCE SERVICE BECAUSE YOU REFUSE TO PAY AN ENHANCED TELECOMMUNICATIONS SERVICE CHARGE. ENHANCED TELECOMMUNICATIONS SERVICE PROVIDERS MAY EMPLOY OTHER AGENCIES TO COLLECT DELINQUENT AMOUNTS. b. Billing Disputes You must notify GoFaxer in writing within 7 days after receiving your credit card or LEC statement if you dispute any GoFaxer charges on that statement. All disputes raised after 7 days after receiving your bill, or that shall involve money actually paid voluntarily to GoFaxer shall be considered waived. c. Payment Currently GoFaxer only accepts credit card or LEC payment methods. Your initial use of the Service authorizes GoFaxer to charge the credit card account number that you have placed with GoFaxer, including any changed information given GoFaxer if the card expires or is replaced, for GoFaxer charges that accrue during the billing cycle. This authorization will remain valid until 30 days after GoFaxer receives your written notice terminating GoFaxer's authority to charge your credit card. GoFaxer may or may not store your credit card information for your security. Use of the GoFaxer Service may require you to submit your billing and credit card information again to GoFaxer. You agree that by using the service, you will cooperate with GoFaxer by submitting billing and/or credit card information as required for account verification or payment of charges to GoFaxer. GoFaxer may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with GoFaxer is declined or in case of any other non-payment of account charges. Termination of Service for declined card or non-payment leaves you FULLY LIABLE to GoFaxer for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by GoFaxer owing to your non-payment, such as (but not limited to) collection costs and attorney's fees. d. Termination/Discontinuance of Service GoFaxer reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If GoFaxer discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. e. Taxes Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on GoFaxer as a result of providing the Service or a Device will be billed to your account when imposed upon GoFaxer. If Customer is exempt from payment of such taxes, it will provide GoFaxer with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date GoFaxer receives the Tax Exempt Document. f. Other Fees and International Usage From time to time, and based on specific or rare circumstances, GoFaxer might incur certain fees associated with the maintenance, set-up, termination, or alteration of customer accounts. You hereby agree and understand that if fees which are out of GoFaxer’s control, apply to your account and/or GoFaxer number, you may be liable for such fees which GoFaxer will apply to your service charges. Such fees are usually not service fee’s applied by GoFaxer, but are direct cost’s incurred based on the specific customer account or GoFaxer Number which are out of GoFaxer’s control to vary or waive, and are often fees charged from third party carriers, or other telecommunication services or providers nationally or internationally. As Service Provider expands its services, we may implement the ability to send and receive faxes internationally. International fax rates will be determined at such time, may vary from time to time without notice, and will involve additional costs and services charges based on the number of faxes, the required long distance telephone use time, and the foreign country dealt with. This does not affect or related to the customer’s ability to check their GoFaxer account internationally via the Internet, based on service usage conducted within the United States. 6. Limitations IMPORTANT DISCLAIMERS a. Limitation of Liability GoFaxer shall not be liable for any failure to provide the Service, at any time or from time to time, or fax transmission quality that is caused by any of the following: 1.) act or omission of an underlying carrier, service provider, or third party; 2.) equipment, software, network or facility failure; 3.) equipment, software, network or facility upgrade or modification; 4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; 5.) equipment, software, network or facility shortage; 6.) equipment, software or facility relocation; 7.) service, equipment, software, network or facility failure caused by the loss of power to Customer; or 8.) any other cause that is beyond GoFaxer’s control, including without limitation the failure of an incoming or outgoing call to be connected or completed, or degradation of voice quality and fax transmission quality. GoFaxer’s liability for any failure or mistake shall in no event exceed Service charges on account of the affected time period. GoFaxer is not liable for incidental or consequential damages of any type. IN ANY ACTIONS ARISING FROM THE ALLEGED BREACH OF THIS AGREEMENT, GOFAXER SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT OR OTHERWISE, EVEN IF GOFAXER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE.  ALL SERVICES PROVIDED BY GOFAXER ARE PROVIDED "AS IS".  GOFAXER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SERVICE WILL BE CORRECTED. b. Indemnification Customer agrees to defend, indemnify, and hold GoFaxer, its officers, directors, employees, shareholders, affiliates and agents and any other supplier and service provider who furnishes services to Customer in connection with this Agreement or the Service, harmless from and against all losses, expenses, costs, claims, including attorneys’ fees or damages by, or in the right of, Customer relating to this Agreement, the Services, or the Device, or asserted by any third party due to or arising out of your use of or conduct on the Service. This paragraph shall survive termination of this agreement.  c. No Warranties on Service GoFaxer makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Neither GoFaxer nor its vendors will be liable for unauthorized access to GoFaxer’s or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of GoFaxer's or its vendors' negligence. Statements and descriptions concerning the Service, if any, by GoFaxer or GoFaxer 's agents or installers are informational and are not given as a warranty of any kind. GoFaxer cannot and does not guarantee or warrant that the files or email attachments available for downloading will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. d. No Warranties, or Limited Warranties, for services If Customer purchased the Device new from GoFaxer and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from GoFaxer at the time of purchase, Customer agrees that it accepts its Unit "as is" and that Customer is not entitled to replacement or refund in the event of any defect. 7. Resolution of disputes a. Mandatory Arbitration Any dispute or claim between Customer and GoFaxer arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in San Francisco, California in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators must be entered in the state and federal courts of San Francisco County, California.  All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. 8. Privacy and Notices a. Privacy GoFaxer is not liable for any lack of privacy which may be experienced with regard to the Service. GoFaxer puts forth all efforts to ensure the privacy of its customers, and does not freely give out customer information. However GoFaxer cannot warrant any specific amount or method of privacy, and the customer is hereby advised to communicate any specific privacy concern with GoFaxer to answer any question or comment. GoFaxer further does not warrant or make any representations regarding the privacy policies or practices of our partners, affiliates, service providers, agents, parent companies, or any other entity we may now or in the future have any relationship with, unless specifically indicated in writing. b. Notices Notices to Customer shall be sent to the email address on file for Customer at GoFaxer and will be considered given on the date sent by GoFaxer. Other means to communicate with the customer may be used (such as telephone numbers and address), but the customer shall rely solely on email as the method in which notices are delivered. If you prefer to send any notices via traditional mail, please send them to: GoFaxer! Corporation 1770 Post Street Suite 300 San Francisco, Ca 94115 9. Non-Waiver The failure by GoFaxer to require performance of any provision of this agreement shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. GoFaxer, in its sole discretion, may decide to exercise any rights under this agreement or allow such rights to remain dormant without waiving the ability or position to exercise such rights or remedies. 10. Assignment You will not assign or otherwise transfer Your rights or delegate Your obligations under the Terms of Use, in whole or in part, without the prior written consent of Jumpage; and any attempt to do so will be null and void. Any assignment or other transfer of rights or delegation by You shall not operate to relieve You of Your responsibilities under this Terms of Use. You will require Your assignees, transferees, or delegates to agree, in writing, to the terms and conditions of this Terms of Use. Jumpage however reserves the right to assign this agreement to any other entity for any reason. In the event of assignment, the terms of this agreement shall remain enforced. 11.  General This Agreement shall be deemed to have been made in the State of California, and the provisions and conditions of this Agreement shall be governed by and interpreted in accordance with the substantive law of the State of California, without regard to conflict of laws provisions. Any dispute arising out of this Agreement shall be resolved in the state and federal courts of San Francisco County, California (provided the above mandatory arbitration clause), and each party hereby consents to the exclusive jurisdiction thereof. GoFaxer also reserves the right to seek compensation for any attorney fees incurred. 12. Interpretation and Construction Should a dispute arise regarding the meaning, construction or interpretation of this Agreement, or any part thereof, this Agreement shall be construed with the understanding that all PARTIES have actively participated in its negotiation and drafting, and no presumption shall be employed by any court or other party construing the Agreement against any party due to its playing the primary role in the drafting of this Agreement. Each party is hereby advised to review this Agreement with an attorney before signing in order to fully understand the terms and conditions of this Agreement. Signature of this Agreement functions as an affirmation that the Party is clear on the terms of the agreement and submits to the entire Agreement The headings and titles in this agreement are not meant to imply specific meaning, but merely are included for organizational and convenience purposes. The terms of this agreement and hereby not meant to be construed based upon and headings or titles. 13. Entire Agreement This Agreement constitutes the entire and final agreement between the PARTIES with respect to the subject matter hereof and referenced herein, and supersedes and terminates any prior agreements between the PARTIES (written or oral) with respect to the subject matter hereof. This Agreement may not be altered or amended except by written authorization signed by both PARTIES. Aren’t you happy you got through all that legal language? Enjoy using GoFaxer!