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jBlast™ Customer Agreement |
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| This Customer Agreement is effective on May 10, 2011 for
current users, and upon acceptance for new users. |
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| Customer Agreement |
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| This Customer Agreement, which governs the terms and
conditions of your use of the jBlast® Service (the “Service”), is between you,
as an authorized user of the Service, and j2 Global Canada, Inc., an Ontario, Canada corporation (formerly known as Protus IP Solutions, Inc.) ("j2
Global"). |
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| This Customer Agreement, together with any operating rules,
policies, price schedules, or other supplemental documents expressly
incorporated herein by reference and published from time to time by j2 Global
(collectively, the "Agreement"), constitutes the entire agreement
between j2 Global and you regarding the Service, and supersedes all prior oral
and written communications and agreements between you and j2 Global and/or j2
Global Communications, Inc. regarding the subject matter of this Agreement.
Notwithstanding the foregoing, your use of any software provided by j2 Global
related to the Service shall be pursuant to a separate agreement governing your
use of such software. By using the Service, you confirm your acceptance of, and
agree to be bound by, this Agreement. |
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| If you originally subscribed to “Protus Broadcast” prior to
May 10, 2011 then you are referred to herein as a “Protus Broadcast Customer.” All
Protus Broadcast customers are being provided the Service under the jBlast
brand as of May 10, 2011, and are subject to the terms of this Agreement as of
such date, which terms in some cases differ for Protus Broadcast customers. |
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| For Canadian customers: Please note that when you place an
order to purchase on the j2 Websites (as defined below), it constitutes an
offer to purchase and remains subject to j2 Global's acceptance. Goods or services
listed or described on the j2 Website constitute an invitation to make an offer
to purchase. |
| If you begin but fail to complete the sign up process for the
Service, j2 Global and/or another direct or indirect subsidiary of j2 Global
Communications, Inc. (each, an “Affiliate”) may contact you in an effort to
help you sign up for the Service or another j2 Global or Affiliate service. You
hereby authorize j2 Global and/ or its Affiliates to make such contact, even if
you ultimately determine not to sign up for the Service. |
| 1. The jBlast Service. |
| j2 Global offers the Service at its Websites, including
www.jBlast.com (together with other Websites owned and operated by j2 Global or
its Affiliates, the "j2 Website"). |
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Service Description: The Service enables you to upload a database or
spreadsheet to the j2 Website, and (a) for fax
broadcasters: to send a fax to each telephone number on that database or
spreadsheet, and (b) for voice broadcasters: to transmit
a voice recording to each telephone number on the database or spreadsheet.
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| FOR CUSTOMERS SENDING FAXES TO UK TELEPHONE NUMBERS: If you
send faxes to a UK telephone number, you have the option to have your telephone
numbers checked against the Fax Preference Service ("FPS"). j2 Global
will not automatically check any telephone numbers against the FPS and will do
so only upon your specific election. Regardless of whether you choose to check your
telephone numbers through the FPS, you must comply with all applicable UK laws, rules and regulations, including, without limitation, The Telecommunications (Data
Protection and Privacy) Regulations 1999. |
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| It is illegal to send unsolicited fax advertisements to a US telephone number, and transmitting unsolicited voice messages is also heavily restricted
under various jurisdictions’ laws and regulations. Please review Section 6 below
carefully before using the Service to ensure compliance with the TCPA and all
related laws. |
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| 2. Storage of Fax and Voice Broadcasts. |
| While your Service account is active, you may elect to save a
copy of your fax or voice broadcast, as well as your associated database or
spreadsheet of telephone numbers (“Campaign Information”) by selecting the applicable
“save” option on the Advanced Settings page prior to transmitting the
broadcast. If you do not select the “save” option for each fax or voice
broadcast campaign prior to its transmission, you will be unable to re-access
the Campaign Information from the j2 Website. You acknowledge that j2 Global
may change its practices and limitations concerning storage of Campaign
Information, including without limitation, the maximum number of days that Campaign
Information will be retained, the maximum number of broadcasts for which
Campaign Information is stored at any one time, and the maximum storage space
that will be allotted on j2 Global's servers for your Campaign Information. You
further agree that, subject to applicable law, j2 Global has no responsibility
or liability whatsoever for the deletion or failure to store any Campaign
Information. |
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| 3. jBlast Service Charges. |
| a. If you are a fax broadcast customer you will be charged for
the Service on a “per page” basis. If you are a voice broadcast customer you
will be charged on a “per second” basis. However, if you were offered a
different basis for determining your charges than as set forth above at the
time you signed up for the Service, then you will be charged on that basis
instead. |
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| “Per page” fax transmission rates are based on the number of
full and partial 60 second increments required to transmit each individual fax.
For example, a fax that takes 30 seconds to transmit counts as one page whereas
a fax that takes 61 seconds to transmit counts as two pages. j2 Global
reserves the right to charge a premium on all mobile, cellular, digital, special
service numbers and/ or PCS international terminating traffic, as well as the
right to adjust any rate to reflect changes in international tariffs,
regulatory requirements, taxes or levies. |
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| b. Most rates are listed at the j2 Website. If your
destination’s rates are not so listed, please contact j2 Global for the current
rates applicable to such destination. Protus Broadcast customers pay the rates
originally presented to them upon registration for the Service, as such rates may
have changed subsequently upon notice to them. j2 Global reserves the right to
charge value-added taxes ("VAT"), sales or other taxes on the Service
as it deems appropriate and j2 Global reserves the right to change prices or
institute new charges for access to or use of the Service. At j2 Global’s sole
option and discretion, you will be notified of such rate changes and/or tax
charges by j2 Global, either by posting them at the j2 Website, or by sending them
to you by e-mail. You are responsible for regularly reviewing the j2 Website
and/or your email for such changes and/or charges. Continued use of the Service
after such notice constitutes your acceptance of such rate changes and/or tax
charges. |
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| c. To view your current account balance, along with
billing details and any accumulated charges, please click on "Account
Info" after logging in to the j2 Website. |
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| d. If you have any questions regarding any charges
that have been applied to your account, you must contact j2 Global's Customer
Service Department within thirty (30) days of the charge date. Failure to use
your account will not be deemed a basis for refusing to pay any charges
submitted by j2 Global in accordance with this Agreement. |
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| e. If you are not required to prepay for use of the
Service, payment of your Service account balance is due monthly or annually, in
accordance with your payment plan, and in the currency in which it is billed.
If your Service account is approved by j2 Global for corporate billing in
arrears, charges will be accumulated, identified by customer identification
number, invoiced on a monthly basis, and payable within thirty (30) days of the
date of invoice. |
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| f. If your Service is provided on a pre-paid basis,
you may make your initial pre-paid deposit by credit card, check, money order
or wire transfer. Upon depletion of your initial pre-paid balance, you may
replenish your pre-paid balance by logging into your Service account on the j2
Website. If you pay via a method other than a credit or debit card, you may
contact j2 Global Customer Service for instructions on replenishing your
pre-paid balance. |
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| g. If the payment method for your Service account is
by credit or debit card, the following terms apply: If payment is not received
from the card issuer (or its agent or affiliate), you agree to pay all amounts
due upon demand. Each time you use the Service or allow or cause the Service
to be used, you agree and reaffirm that j2 Global is authorized to charge your
designated card. You must promptly notify j2 Global of changes to: (i) the
account number or expiration date of your designated credit or debit card; (ii)
your billing address (for the designated credit or debit card); and (iii) the
name of each minor whom you have authorized to use your j2 Global account. You
must also promptly notify j2 Global if your card is canceled (e.g., for loss or
theft). Periodically, you may be asked to re-input your credit or debit card
information previously on file in order to continue to use the Service. In
order to avoid interruptions in the Service caused by rejected credit or debit
card charges, j2 Global reserves the right to update your credit or debit card
details (such as expiration dates or new card numbers) where this is not
prohibited by law. You understand and agree that j2 Global is entitled to obtain
such updated card details, store them and use them to bill charges. Your card
issuer's agreement governs your use of your designated card in connection with
j2 Global, and you must refer to such agreement (not this Agreement) with
respect to your rights and liabilities as a cardholder. You agree that j2
Global may (at its option) accumulate charges incurred during your monthly
billing cycle and submit them as one or more aggregate charges during or at the
end of each cycle, and that j2 Global may delay obtaining authorization from
your card issuer until submission of the accumulated charge(s). This means that
accumulated charges may appear on the statement you receive from your card
issuer. |
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| h. All amounts received by j2 Global with respect to
the Service (whether pre-paid amounts or otherwise) are COMPLETELY
NON-REFUNDABLE. |
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| i. j2 Global may from time to time award you a gift
balance, which is a non-refundable credit applicable toward usage balances
only. Gift balances have no cash value, Effective 10/15/09 gift balances will
expire on the earlier of (i) termination of your Service account or (ii) 30
days after they are issued, and are subject to any additional terms associated
with the credit offer. j2 Global reserves the right to limit gift balances to a
maximum of $5 per customer. In addition, j2 Global may offer other incentives
or issue other credits from time to time, each of which is subject to the
specific terms of the applicable offer or credit and all of which are
non-refundable. j2 Global reserves the right to modify these credits or offers
at any time with or without notice. |
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| 4. Privacy Policy. |
| j2 Global is dedicated to
establishing trusting relationships with its customers, based on respect for
personal identity and information. Our current Privacy Policy is available at http://www.jblast.com/home/privacy.asp. If we decide to change our privacy policy, an updated
version will be posted on the j2 Website, and other places we deem appropriate,
so our customers are always aware of what information we collect, how we use
it, and under what circumstances, if any, we disclose it. We will use
information in accordance with the Privacy Policy. If, however, we are going to
use our customers' personally identifiable information in a manner materially
different from that stated at the time of collection we will notify customers
via email. Customers will have a choice as to whether or not we use their
information in this materially different manner. However, if customers have
opted out of all communication with j2 Global, or deleted/ deactivated their
account, then they will not be contacted for the purpose of notifying them of
material changes to the Privacy Policy. In addition, if we make any material
changes in our privacy practices that do not affect customer information
already stored in our database, we will post a prominent notice on the j2
Website, notifying customers of the change. In some cases where we post a
notice of changes to our Privacy Policy, we will also notify via email those
customers who have opted to receive email communications from us. |
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| 5. Your Additional Responsibilities. |
| You are fully responsible for the contents of your
transmissions through the Service. j2 Global simply acts as a passive conduit
for you to send information of your own choosing. However, j2 Global reserves
the right to take any action with respect to the Service that j2 Global deems
necessary or appropriate in its sole discretion if j2 Global believes you or
your information may create liability for j2 Global, compromise or disrupt the
Service for you or other customers, or cause j2 Global to lose (in whole or in
part) the Service of j2 Global's ISPs or other suppliers. Your use of the
Service 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 laws or false advertising). |
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| You agree: (a) to comply with all laws regarding the
transmission of technical data exported from any country through the Service; (b)
not to use the Service for any illegal purpose; (c) not to interfere with or
disrupt networks connected to the Service; (d) to comply with all regulations,
policies and procedures of networks connected to the Service; (e) not to use
the Service to infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy; (6) not
to use the Service to knowingly transmit misleading or inaccurate caller
identification information, including doing so with the intent to defraud,
cause harm or wrongfully obtain anything of value; and (7) not to transmit
through the Service 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 Service makes use of the Internet for you to send information
of your own choosing. As a result, your conduct is subject to Internet
regulations, policies and procedures. You agree not to use or reference the
Service 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 Service or another
entity's use and enjoyment of similar Service. |
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| You must (a) obtain and pay for all equipment and
third-party Service (e.g., Internet access) required for you to access and use
the Service; (b) maintain any security of your account password and other confidential
information relating to your Service account; and (c) to the full extent
permitted by applicable law, be responsible for all charges resulting from use
of your Service account, including unauthorized use prior to your notifying j2
Global of such use and taking steps to prevent its further occurrence. |
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| 6. Unsolicited Fax Advertisements and Voice Broadcasts. |
| The transmission of unsolicited telemarketing phone calls
and faxes is regulated in the United States under the Telemarketing Sales Rule,
the Federal Telephone Consumer Protection Act, the Can-Spam Act,
as well as other statutes and regulations, and in Canada under the Telecommunications Act,
the Unsolicited Telecommunications Rules and PIPEDA
[http://laws.justice.gc.ca/en/P-8.6/text.html] and may also be regulated under
the laws of a number of other countries, states and provinces. Unsolicited
marketing in violation of such laws through the Service is prohibited and a
material violation of this Agreement. |
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| Notwithstanding the above, j2 Global's distribution of
advertising to you is not considered unsolicited fax advertising based upon
your acceptance of this Agreement. |
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| At j2 Global's option and without further notice, j2 Global
may use technologies and procedures, such as filters, that may terminate the transmission
of such unsolicited fax or voice advertisements without delivering them. |
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| 7. Termination. |
| a. Termination for Convenience. Either you or j2 Global may terminate your Service
account at any time, with or without cause, upon notice. Any such notice by you
to j2 Global must be in accordance with j2 Global's verification procedures, as
such procedures may be established and changed by j2 Global from time to time
in its sole discretion, and which may include the requirement that you contact
j2 Global by phone to confirm that any such notice was in fact sent by you. j2
Global also reserves the right to terminate or suspend your j2 Global account
without prior notice, provided that j2 Global will attempt to confirm such
termination or suspension by subsequent notice. |
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| b. Termination for Non-Payment. j2 Global reserves
the right to suspend or terminate your Service account without notice upon
rejection of any credit or debit card charges, or if your card issuer (or its
agent or affiliate) seeks return of payments previously made to j2 Global when
j2 Global believes you are liable for the charge. Such rights are in addition
to and not in lieu of any other legal rights or remedies available to j2
Global. |
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| c. Termination for Abandonment. In the event you
fail to use your Service account for a period of one (1) year or longer, j2
Global will deem your Service account abandoned. In such event, j2 Global
reserves the right to terminate your Service account without notice to you. In
the event your account is so terminated, you will be deemed to have forfeited
any remaining pre-paid balance in your Service account. |
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| 8. 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 and/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 the Service (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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| 9. Modifications to Customer Agreement. |
| Except to the extent prohibited by applicable law, j2 Global
may automatically amend this Agreement at any time by (a) posting a revised j2
Global Customer Agreement on the j2 Website, or (b) sending information
regarding the amendment to the email address you provide to j2 Global. YOU ARE
RESPONSIBLE FOR REGULARLY REVIEWING THE j2 WEBSITE AND/OR YOUR EMAIL TO OBTAIN
TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH
AMENDMENTS BY CONTINUING TO USE THE SERVICE AFTER SUCH AMENDMENTS HAVE BEEN
POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.
Otherwise, this Agreement may not be amended except in writing signed by both
you and j2 Global. |
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| 10. Modifications to Service. |
| j2 Global reserves the right to modify or discontinue the
Service with or without notice to you. j2 Global shall not be liable to you or
any third party should j2 Global exercise its right to modify or discontinue
the Service. |
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| 11. Member Account, Password and Security. |
| As part of the registration process, you will be required to
provide an email address and select a password. You may change your password to
protect your Campaign Information after logging in to the j2 Website. You are
entirely responsible for maintaining the confidentiality of your 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 Service account. You agree to immediately notify j2 Global of any
unauthorized use of your Service account or any other breach of security known
to you. |
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| 12. Disclaimer of Warranties and Limitation of Liability. |
| a. j2 GLOBAL AND ALL j2 GLOBAL SOFTWARE AND THE SERVICE
ARE PROVIDED "AS IS," AND NEITHER j2 GLOBAL NOR ANY OF ITS LICENSORS
OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. j2 GLOBAL DOES
NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT j2 GLOBAL SOFTWARE OR THE SERVICE WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY. j2 GLOBAL AND EACH OF ITS LICENSORS AND
SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. |
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| b. YOUR USE OF ALL j2 GLOBAL SOFTWARE AND THE SERVICE
IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING
FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING j2
GLOBAL SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM j2 GLOBAL, OR LOSS
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER ANY
THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE. IN ADDITION,YOU AGREE THAT NEITHER j2 GLOBAL NOR ANY OF ITS
LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES, WHETHER DIRECT OR
INDIRECT (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES), ARISING OUT OF YOUR USE
OF OR INABILITY TO USE j2 GLOBAL SOFTWARE OR THE SERVICE, AND YOU HEREBY WAIVE
ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER
GROUNDS, EVEN IF j2 GLOBAL OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF j2 GLOBAL AND
ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO
THE USE OF THE j2 GLOBAL SOFTWARE AND THE SERVICE 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 THE SERVICE IN THE THREE (3) MONTHS
PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE j2
GLOBAL AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL
OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR
LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. |
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| c. NEITHER j2 GLOBAL NOR ANY OF ITS LICENSORS OR
SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER
DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF j2
GLOBAL'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD
TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS,
PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE
AND/OR DELIVERY SERVICE, OR AN INTERRUPTION IN THE TRANSMISSION OF BROADCASTED
DATA TO YOUR DESIGNATED RECIPIENTS. |
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| d. YOU WILL NOT RELY ON ANY REPRESENTATION OR
WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED
OFFICER OF j2 GLOBAL, IN EVALUATING THE SERVICE. |
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| 13. Ownership. |
| All programs, Service, processes, designs, software,
technologies, trademarks, trade names, inventions and materials comprising the
Service are wholly owned by j2 Global and/or its Affiliates, licensors and/and
service providers except where expressly stated otherwise. You may not use j2
Global's or its Affiliates’ trademarks, trade names, patents, copyrights or
other intellectual property rights without j2 Global's or its Affiliate’s prior
written permission. |
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| 14. Indemnification. |
| You agree to indemnify j2 Global and each of its Affiliates,
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 Service 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 including but not limited to, any violation of any laws or
regulations prohibiting transmission of unsolicited fax advertisements or voice
messages. |
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| 15. No Resale of the Service. |
| Your right to use the Service 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 Service. |
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| 16. Participation in Promotions of Advertisers. |
| You may enter into correspondence with or participate in
promotions of advertisers showing their products on the j2 Website or through
the service. Any such correspondence or promotions, including the delivery of
and the payment for goods and Service, and any other terms, conditions,
warranties or representations associated with such correspondence or
promotions, are solely between you and the advertiser. j2 Global assumes no
liability, obligation or responsibility for any part of any such correspondence
or promotion. |
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| 17. Notices; Consent. |
| Notices given by j2 Global to you will be given by email or
by a general posting on the j2 Website, or by conventional mail. In any matter
requiring j2 Global's prior consent, such consent will be considered given only
if made in the foregoing manner by an authorized representative of j2 Global.
Notices given by you to j2 Global must be given by email or by conventional
mail (subject, however, to j2 Global's verification procedures, as may be
established by j2 Global from time to time in its sole discretion, and which
may include the requirement that you contact j2 Global by phone so as to
confirm that any such notice was in fact sent by you). Notices to j2 Global by
conventional mail must be sent to j2 Global Canada,
Inc., Holly Lane, Suite 210 Ottawa, Ontario, Canada K1V 7P2. |
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| 18. General Terms. |
| YOU AGREE THAT THIS AGREEMENT, AND
YOUR USE OF THE SOFTWARE AND THE SERVICE, SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO, CANADA, EXCLUDING ITS
CONFLICTS-OF-LAW RULES. 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 THE j2
GLOBAL SOFTWARE OR THE SERVICE RESIDES IN THE CITY OF OTTAWA, ONTARIO, CANADA;
provided, however, that 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 courts located in the province
of Ontario. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. j2 Global's failure to act with respect to a breach by you
or others does not waive j2 Global's right to act with respect to subsequent or
similar breaches. You may not assign or transfer this Agreement or any rights
hereunder, and any attempt to the contrary is void. j2 Global shall not be
liable for any delay or failure to perform resulting directly or indirectly
from any causes beyond j2 Global's reasonable control. Parental control
protections (such as commercially available computer hardware, software, or filtering
Service) 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 Service. |
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| 19. Other Copyrights/ Ownership. |
| This site may use the moock fpi, available at
http://www.moock.org/webdesign/flash/. |
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| 20. Legal Notices |
| Under California Civil Code Section 1789.3, California customers are entitled to the following specific consumer rights information: |
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| a. Pricing Information. Current rates for using the Service
may be obtained by calling j2 Global’s Customer Service Department. j2 Global
reserves the right to change fees, surcharges, and monthly fees or to institute
new fees at any time, as provided for in Sections 9 and 10 above. |
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| b. Complaints. In the United States, the Complaint
Assistance Unit of the Division of Consumer Service 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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