MyFax Customer Agreement

These Terms of Service are effective on November 12, 2021, for current users, and upon acceptance for new users.

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

  1. MyFax Services.
  2. MyFax Most Popular Service Usage.
  3. MyFax Best Value Service Usage.
  4. Storage of Faxes.
  5. Email Capabilities.
  6. Privacy Policy and Data Protection.
  7. Customer Responsibilities.
  8. Unsolicited Fax Advertisement/Spam Drop-Box Policy.
  9. Termination.
  10. Customer Representations.
  11. Modifications to Customer Agreement.
  12. Modifications to Services.
  13. Member Account, PIN, and Security.
  14. Disclaimer of Warranties and Limitation of Liability.
  15. Charges.
  16. Termination for Non-Payment.
  17. Credit and debit card updates
  18. Ownership.
  19. Indemnification.
  20. No Resale Of The Services.
  21. Participation In Promotions Of Advertisers.
  22. Notices; Consent.
  23. General Terms.
  24. Other Copyrights/Ownership.
  25. Telephone Call Recording.
  26. Legal Notices.

This Agreement, which governs the terms and conditions of your use of MyFax® Services, is between you ("you" or "Customer"), as an authorized user of such services, and j2 Cloud Services, Inc. ("Consensus US"), a Delaware corporation and/or the Company Consensus Cloud Solutions International Ltd ("Consensus Ireland"), an Irish company (each, the "Company"), as specified in the following paragraph, and governs the terms and conditions of your use of the Services.

Your services are provided to you and you are legally a customer of (i) Consensus US if you are issued a Service telephone number that is local to the U.S. or Latin America and (ii) Consensus Cloud Solutions International Ltd if you are issued a Service telephone number that is outside the U.S. or Latin America. You will receive your billing statements, however, from Consensus US if you reside in the U.S. or Latin America and from Consensus Cloud Solutions International Ltd if you reside outside of the U.S. and Latin America.

The contact details of Consensus Ireland Limited. 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 Cloud Services, Inc. are as follows:
Address: 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, U.S.A.

This Agreement, together with any operating rules, policies (including the Privacy Policy, a current copy of which is available at https://www.myfax.com/eu/privacy) price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Consensus (collectively, the "Agreement"), constitutes the entire agreement between Consensus and you regarding MyFax 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 Consensus related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "MyFax Services" or "Services" are defined as any and all services provided by Consensus to you either now or in the future. By using MyFax 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 Consensus'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 MyFax Services, Consensus may contact you in an effort to help you sign up for MyFax or another Consensus service. You hereby authorize Consensus to make such contact, even if you ultimately determine not to sign up for any Consensus services.

1. MyFax Services.

Consensus offers MyFax Services at its website www.myfax.com/eu (together with other websites owned and operated by Consensus, the "MyFax Website"). Individually, the Services are:

  • MyFax Most Popular: MyFax Most Popular 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, "MyFax Numbers") that provides for the delivery of faxes and voicemail messages to electronic mail ("email") in volumes greater than the other services described below; and (ii) outbound faxing from email or from the MyFax Website. MyFax Most Popular is hereinafter referred to as "Most Popular" or "Most Popular Service".
  • MyFax Best Value: MyFax Best Value includes but is not limited to: (i) an MyFax Number that provides for the delivery of faxes and, optionally, voicemail messages to email in volumes smaller than the Most Popular Service; and (ii) outbound faxing from email or from the MyFax Website. MyFax Best Value is hereinafter referred to as "Best Value" or "Best Value Service".

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2. MyFax Most Popular Service Usage.

The terms of use for the Most Popular Service vary depending upon whether the Customer has received a local (i.e., non-toll-free) or toll-free MyFax Number, as described below:

  • Most Popular Local Number Service Usage; Fair Use Policy. As a Most Popular Service Local Customer, you will receive a local MyFax 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 MyFax Website.

    PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO CONSENSUS'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 CONSENSUS'S MYFAX MOST POPULAR, MYFAX BEST VALUE AND jCONNECT PREMIER® [What is this?]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 CONSENSUS, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, CONSENSUS 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 MYFax MOST POPULAR, MYFAX BEST VALUE AND jCONNECT PREMIER[WHAT IS THIS?] 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, CONSENSUS 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 MyFax 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 MyFax 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 Consensus offers as described on the MyFax Website, all subject to the terms of this Agreement.

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3. MyFax Best Value Service Usage.

The terms of use for the Best Value Service vary depending upon whether the Customer has received a local (e.g., non-toll-free), remote, non-geographic or toll-free MyFax Number, as described below:

  • Most Popular Local Number Service Usage; Fair Use Policy. As a Most Popular Service Local Customer, you will receive a local MyFax 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 MyFax Website.

    PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO CONSENSUS'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 CONSENSUS'S MYFAX MOST POPULAR, MYFAX BEST VALUE AND jCONNECT PREMIER® [What is this?]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 CONSENSUS, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, CONSENSUS 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 MYFax MOST POULAR, MYFAX BEST VALUE AND jCONNECT PREMIER[WHAT IS THIS?] 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, CONSENSUS 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 MyFax 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 MyFax 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 Consensus offers as described on the MyFax Website, all subject to the terms of this Agreement.

  • Best Value Toll-Free Service Usage. As a Best Value Service Toll-Free Customer, you will receive a toll-free MyFax 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 MyFax Website) based on the combined number of fax pages and voicemail messages so received. As a Best Value Customer, you will have the option to send faxes via your email and to subscribe for additional services that Consensus offers as described on the MyFax Website, all subject to the terms of this Agreement or another agreement specific to those additional services.

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4. Storage of Faxes.

While your MyFax account is active, Consensus will store fax messages received through your MyFax Number for a period of up to thirty (30) days for Free Customers, and life of account for Best Value Customers and Most Popular Customers, in each case measured from the date of receipt of such fax. These faxes are accessible through the online MyFax Messenger Center. You acknowledge that Consensus 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 Consensus's servers on your behalf, at any time, as provided for in Section 13. You further agree that, subject to applicable law, Consensus 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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5. Email Capabilities.

Active MyFax subscribers are eligible to receive a free email account from FuseMail.com, subject to the standard terms of use for this service (see www.fusemail.com/terms-service) and available for use through the online MyFax Message Center. You acknowledge and agree that Consensus has no responsibility or liability whatsoever for your use of this email service and that, subject to applicable law, Consensus may discontinue or change the terms under which this email service is provided to you, at any time, as provided for in Section 13. This email service may not be available in all countries where Consensus offers MyFax Numbers.

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6. Privacy Policy and Data Protection.

For all customers: Consensus processes personal data in accordance with our Privacy Policy which is available at www.myfax.com/eu/privacy, which we may update from time to time. You are encouraged to regularly review our Privacy Policy.

Business Customers Only:

If you are a Business Customer and the Services involve the processing of personal data which is subject to the General Data Protection Legislation (EU) 2016/679, the “GDPR”), Consensus Ireland Limited is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this Agreement.

You retain control over the content of the faxes, and as such the types of personal data that are subject to processing cannot be categorised by Consensus Ireland Limited in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to customer’s, or its customer’s own clients, customers, suppliers, employees, other personnel and/or other data subjects.

Customer may notify Consensus Ireland Limited of the categories of data subjects or types of personal data to be incorporated into these terms by using the contact details set out in the privacy policy.

As processor, Consensus Ireland Limited shall, in relation to personal data (as defined in the GDPR) provided by you or generated arising from the performance of the Services under this Agreement:

(a) process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these. If at any point, Consensus Ireland Limited becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason), Consensus Ireland Limited shall promptly:

(i) notify you of such inability, to the extent permitted by applicable law; and

(ii) cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with which Consensus Ireland Limited is able to comply.

(b) ensure personal data are kept confidential; (ii) take reasonable steps to ensure the reliability and trustworthiness of Consensus Ireland Limited’s personnel and any subprocessors, and (iii) take reasonable steps to ensure that all relevant Consensus Ireland Limited personnel, and any relevant subprocessors, have committed themselves to ensuring the confidentiality of all personal data that they process;

(c) ensure that, in each instance in which Consensus Ireland Limited engages a subprocessor, it shall notify you and : (i) allow you a reasonable opportunity to object to the appointment of that subprocessor (and your authorisation is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed subprocessor); and (ii) enter into a binding written agreement with the subprocessor that imposes on the subprocessor the same obligations that apply to Consensus Ireland Limited under this Agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authorise Consensus Ireland Limited to engage sub-processors in relation to the Services.

(d) at your request and sole expense, promptly provide you with all reasonable technical and organisational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;

(e) at your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to: (i) notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals; (ii) conduct data protection impact assessments, where required; and (iii) obtain any necessary authorisations from any relevant regulatory authorities;

(f) delete (or, upon your request at or prior to termination, return) any personal data processed in the performance of the Services in Consensus Ireland Limited’s possession within 180 days after the termination or expiry of this Agreement, other than data in relation to which Consensus Ireland Limited is a controller (which will be processed in accordance with our privacy policy) and unless the applicable law of the European Union or an EU Member State requires otherwise;

(g) at your request and sole expense: (i) promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent that Consensus Ireland Limited is able to provide such information; and (ii) allow for and contribute to audits, including inspections, conducted by you your auditors or appointees, provided that such audit shall be during regular business hours, with reasonable advance notice to Consensus Ireland Limited and subject to reasonable confidentiality procedures. Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not audit Consensus Ireland Limited more than once annually; and

(h) notify you without undue delay in the event of: (i) becoming aware of any personal data breach; or (ii) receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of personal data; and

apply appropriate technical and security measures to protect any such personal data against unauthorised or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such personal data.

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7. Customer Responsibilities.

You are fully responsible for the contents of your transmissions through the Services. Consensus simply acts as a passive conduit for you to send and receive information of your own choosing. However, Consensus reserves the right to take any action with respect to the Services that Consensus deems necessary or appropriate in its sole discretion, if Consensus believes you or your information may create liability for Consensus, compromise or disrupt the Services for you or other Customers, or cause Consensus to lose (in whole or in part) the services of Consensus'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 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 MyFax Services; (b) maintain the security of your PIN number, password and other confidential information relating to your MyFax account and; (c) to the full extent permitted by applicable law, be responsible for all charges resulting from use of your MyFax account, including unauthorized use prior to your notifying Consensus of such use and taking steps to prevent its further occurrence.

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8. Unsolicited Fax Advertisement/Spam Drop-Box Policy.

  • 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) (www.fcc.gov/stop-unwanted-calls) 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, Consensus's distribution of advertising to its customers is not considered unsolicited fax advertising based upon your acceptance of this Agreement. 

    At Consensus's option and without further notice, Consensus 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:

    • 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
    • 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.myfax.com/eu/privacy. You hereby acknowledge and agree that Consensus, as owner of all MyFax 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 Consensus as consideration for its provision of the services under this Agreement.

      Because our MyFax 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 MyFax 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.

  • Spam Drop-Box Policy. Consensus does not permit its Customers to use their MyFax 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 MyFax Number as a "drop-box" for responses, we ask that you take the following steps:

    • 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.
    • If you are unable to successfully "unsubscribe," please forward the offending email to [email protected]. We will investigate your complaint and determine if the fax/voicemail number referenced in the spam email or spam fax is an MyFax Number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate or suspend their MyFax Service.

      We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the MyFax experience a positive one for you.

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9. Termination.

  • Either you or Consensus may terminate your MyFax account at any time, with or without cause, upon notice. In order for you to give notice to Consensus, you must contact one of our customer service representatives by phone (a full list of the MyFax contact telephone numbers are available on the MyFax Website). A customer service representative will assist you with cancelling your account in accordance with Consensus’s verification procedures, as such procedures may be changed by Consensus in its sole discretion. Consensus reserves the right to terminate or suspend your MyFax account without prior notice, provided that Consensus will attempt to confirm such termination or suspension by subsequent notice. Subject to applicable law, Consensus 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 Consensus are not considered faxes or voicemail messages received); (ii) you or an intermediary blocks or filters any emails sent by or on behalf of Consensus 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 Consensus.
  • If you are a consumer (meaning a natural person acting outside of their business, trade or profession), you will also have the right to terminate your MyFax account within 14 days (the “14 Day Cancellation Period”) of entering this Agreement at no cost to you. You must simply contact us within the 14 Day Cancellation Period to assert this right, and we suggest that for your convenience you download, complete and return  this form by email to [email protected] or fax to +44 20 3070 0963 to effect this cancellation right.

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10. 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 MyFax 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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11. Modifications to Customer Agreement.

Except to the extent prohibited by applicable law, Consensus may amend this Agreement at any time by (a) posting a revised MYFAX Customer Agreement on the MyFax Website, and/or (b) sending information regarding the amendment to the email address you provide to Consensus. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE MYFAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE MyFax 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 Consensus.

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12. Modifications to Services.

Consensus reserves the right to modify or discontinue any of the Services with or without notice to you. Consensus shall not be liable to you or any third party should Consensus exercise its right to modify or discontinue the Services.

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13. 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 MyFax 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 MyFax 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 Consensus of any unauthorized use of your account or any other breach of security known to you.

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14. Disclaimer of Warranties and Limitation of Liability.

  • MYFAX AND ALL CONSENSUS SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER CONSENSUS 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. CONSENSUS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT CONSENSUS SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. CONSENSUS 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.
  • YOUR USE OF MYFAX AND ALL CONSENSUS 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 CONSENSUS SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM CONSENSUS. YOU AGREE THAT NEITHER CONSENSUS 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 MYFAX OR ANY OTHER CONSENSUS SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF CONSENSUS OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF CONSENSUS AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE CONSENSUS 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 CONSENSUS 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.
  • NEITHER CONSENSUS 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 CONSENSUS'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.
  • YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF CONSENSUS, IN EVALUATING THE MYFAX SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF CONSENSUS.

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15. Charges.

Except as otherwise provided by applicable law:

  • You agree to pay all charges for your use of the Services at the prices then in effect for your country of residence. Consensus reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Services as it deems appropriate and Consensus reserves the right to change prices or institute new charges for access to or use of Consensus Services. All changes to prices or charges (but not necessarily to taxes) will be sent to you per email or posted by Consensus at the MyFax 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 Consensus account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
  • Payment of your MyFax 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 Consensus use and transactions or through such other payment methods as Consensus may provide from time to time. If your MyFax account is a qualified business account and is approved by Consensus for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis. If payment for your MyFax account is not received by Consensus by its due date, you agree to immediately pay all amounts due upon demand by Consensus. Each time you use MyFax Services, or allow or cause MyFax Services to be used, you agree and reaffirm that Consensus is authorized to charge your designated card or obtain payment for the Services through such other means as are legally available to Consensus. Your card issuer's agreement governs your use of your designated card in connection with MyFax, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Consensus 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 Consensus 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. If your MyFax account is overdue or your method of payment has failed, you may receive a SMS message advising you of this.
  • To view your current account balance, along with billing details and any accumulated charges, please click on "Billing" after logging in to the MyFax Website.
  • Your activation fee and monthly or annual service fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE, unless such termination is validly effected in accordance with the provisions of Section 11(b) during the 14 Day Cancellation Period. You agree that for monthly subscriptions, Consensus may submit charges for your monthly service fee each month, and for annual subscriptions, Consensus 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 Consensus's verification procedures, as may be established by Consensus 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 Consensus reasonably could act on your notice. If you sign up for more than one MyFax number, your first payment for such additional MyFax numbers may be prorated to coincide with the annual anniversary of your first MyFax number. If you have any question regarding any charges that have been applied to your account, you must contact Consensus'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 Consensus in accordance with this Agreement.
  • If you subscribed for MyFax 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 Consensus's verification procedures, as may be established by Consensus from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Consensus reasonably could act on your notice.
  • If you subscribed for MyFax 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 unless terminated in accordance with Section 11(b) during the 14 Day Cancellation Period 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 Consensus's verification procedures, as may be established by Consensus from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Consensus reasonably could act on your notice.
  • For non-toll-free MyFax® 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 MyFax 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 Consensus may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of Consensus), without further authorization from you, until you provide prior notice (in accordance with Consensus's verification procedures, as may be established by Consensus 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 Consensus reasonably could act on your notice. If you are using MyFax 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 Consensus.
  • For all MyFax customers, additional charges for outbound fax service and/or other usage-based services as Consensus may introduce from time to time are payable in advance by deposit of a fixed amount as set from time to time by Consensus (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 MyFax 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 Consensus messaging rates for these MyFax 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 Consensus messaging rates for these MyFax Services. With respect to the MyFax outbound faxing service, please be advised that Consensus will bill you for each attempt made by Consensus 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 Consensus 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 Consensus to use your deposit to pay for any monthly service fee due to Consensus until Consensus is able to successfully charge your card or otherwise obtain payment for the Services. In the event Consensus is subsequently able to successfully process your monthly service fee through your credit or debit card or through other methods legally available to Consensus, Consensus 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 Consensus to do so).

    You agree that Consensus may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with Consensus's verification procedures, as may be established by Consensus 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 Consensus reasonably could act on your notice. Upon notice (in accordance with Consensus's verification procedures, as may be established by Consensus 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 MyFax 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 Consensus 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 MyFax account. You must also promptly notify Consensus if your card or other payment method is cancelled (e.g., for loss or theft).

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16. Termination for Non-Payment.

Subject to any applicable laws, Consensus reserves the right to suspend or terminate your MyFax 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 Consensus or in any other event of non-payment of charges when Consensus 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 Consensus.

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17. Credit and Debit Card Updates.

In order to avoid interruptions in the MyFax Service caused by rejected credit or debit card charges, Consensus 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 CONSENSUS IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.

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18. Ownership.

  • All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the MyFax Service are wholly owned by Consensus and/or its licensors and service providers except where expressly stated otherwise. You may not use Consensus's trademarks, trade names, patents, copyrights or other intellectual property rights without Consensus's prior written permission.
  • YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY MyFax NUMBER ASSIGNED TO YOU BY CONSENSUS. OWNERSHIP OF ANY SUCH MyFax NUMBER IS VESTED SOLELY IN CONSENSUS (AND YOU ARE GIVEN A REVOCABLE LICENSE TO USE SUCH NUMBER IN ACCORDANCE WITH THE PREVAILING TERMS OF USE APPLICABLE TO YOUR CONSENSUS SERVICE AS SPECIFIED IN THIS AGREEMENT). YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE THE MyFax 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 CONSENSUS AND PAY TO CONSENSUS AN AMOUNT EQUAL TO $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE CONSENSUS 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 CONSENSUS FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF CONSENSUS’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 MyFax NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY. HOWEVER, EVEN IF IN YOU ARE ENTITLED TO PORT SUCH MyFax 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.
  • IF YOU “PORTED IN” A TELEPHONE NUMBER IN CONNECTION WITH YOUR USE OF MyFax OR ARE ENTITLED TO “PORT OUT” AN MyFax NUMBER UNDER LOCAL LAW, YOU MAY “PORT OUT” THAT NUMBER UPON TERMINATION OF YOUR MyFax ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO CONSENSUS OF YOUR INTENTION TO “PORT OUT” THE TELEPHONE NUMBER ASSOCIATED WITH THE TERMINATED MyFax ACCOUNT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR MyFax 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, CONSENSUS 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) £65 IF YOU ARE ENTITLED TO “PORT OUT” AN MyFax NUMBER UNDER LOCAL LAW. YOU HEREBY AUTHORIZE CONSENSUS TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT OR TO OTHERWISE ARRANGE TO MAKE THIS PAYMENT TO CONSENSUS 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 CONSENSUS.
  • YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR MyFax ACCOUNT FOR ANY REASON, SUCH MyFax NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT CONSENSUS 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 CONSENSUS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
  • YOU FURTHER UNDERSTAND AND AGREE THAT CONSENSUS MAY FROM TIME TO TIME NEED TO CHANGE THE MyFax NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN CONSENSUS'S CONTROL). YOU AGREE THAT CONSENSUS WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE MyFax 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 CONSENSUS 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 MyFax NUMBER ASSIGNED TO YOU BY CONSENSUS 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 CONSENSUS THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR MyFax ACCOUNT WITHOUT NOTICE.

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19. Indemnification..

You agree to indemnify Consensus 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 MyFax 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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20. 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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21. 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. Consensus assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

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22. Notices; Consent.

Notices given by Consensus to you will be given by email or by a general posting on the MyFax Website, or by conventional mail. In any matter requiring Consensus's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Consensus. Notices given by you to Consensus must be given by email or by conventional mail (subject, however, to Consensus's verification procedures, as may be established by Consensus from time to time in its sole discretion, and which may include the requirement that you contact Consensus by phone so as to confirm that any such notice was in fact sent by you). Notices to Consensus by conventional mail must be sent to Consensus, Inc., 6922 Hollywood Boulevard, 5th Floor, Los Angeles, CA 90028, U.S.A.

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23. 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 CONSENSUS 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 CONSENSUS 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. Consensus's failure to act with respect to a breach by you or others does not waive Consensus'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. Consensus shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Consensus'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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24. Other Copyrights/Ownership.

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

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25. Telephone Call Recording.

We record all telephone calls to or from users for the purposes of training, improvement of services, fraud prevention and to ensure the accuracy of instructions communicated to us. All telephone recordings shall be our property.

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26. Legal Notices.

  • For all Customers: If you encounter a problem with the Services, which is not specifically dealt with elsewhere in these Terms of Service, we advise that you contact [email protected] in order to resolve the matter.
  • For EU Customers: If you are a consumer (meaning a natural person acting outside of their business, trade or profession) resident in the EU, and you are not satisfied with any aspect of the Services and have exhausted the internal mechanisms suggested herein, you can also bring claims arising out of or relating to the Services to the European Commission Online Dispute Resolution platform for online resolution (webgate.ec.europa.eu/odr).
  • 3. For Customers resident in California: 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 MyFax Website or by calling our Customer Service department. Consensus reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time, as provided for in Section 13 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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