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Terms and Conditions

By using or ordering World Fax software or services the Customer (as named on the World Fax New Accounts Registration Form)("you") agree to the following:

1. Software License. All title, ownership and intellectual property rights in and to World Fax Software Products ("Software"), whether deployed on your computer hardware or in World Fax' network, including all accompanying written materials, are owned by World Fax and/or its suppliers, and are protected by United States copyright and other intellectual property laws and international treaty provisions. For each user seat or server for which you have paid the applicable software license charge(s), World Fax grants you a nonexclusive license to (i) make and use one copy of the Software, if the Software is designed to be deployed on your computer hardware, or (ii) to allow a single individual, identified by a registered World Fax e-mail or other address ("User ID"), to use the functions of the Software, if the Software is deployed for your use within World Fax' network. If the Software is designed to be deployed on your computer hardware, you may also make one additional copy of the Software per licensed seat or server for backup purposes only. Solely with respect to written documents included with the Software, you may make an unlimited number of copies (either in hardcopy or electric form), provided that such copies shall be used only for internal purposes with the Software, are not republished or distributed to any third party. Moreover you may not:
   1. rent, lease, sublicense, encumber or resell the Software;
   2. translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software;
   3. remove, alter or obscure World Fax' logo, copyright, proprietary or trademark notices; or
   4. ship or transmit (directly or indirectly) any copies of the Software, any technical data in the Software or its media, or any direct product thereof to any country of destination prohibited by the United States Government.

2. Software License Term. This software license is granted solely to subscribers of World Fax' services in good standing, and terminates automatically, without notice, upon termination of this subscriber relationship or if you fail to comply with any term or condition of this Agreement. Upon any termination you must immediately discontinue use, and destroy or return at your expense all your copies of the Software in any form.

3. Agreement to Pay. You are responsible for the payment of all charges for services, surcharges and all other charges assessed by World Fax in accordance with rates and charges that may appear in World Fax's published rate schedules for services.
   

   Late Payment Charges. Payments of all amounts billed to you by World Fax are due upon receipt or at a later date if so specified on your invoice. If any portion of the payment is outstanding when payment is due, a late payment charge will be applied to the unpaid balance for each full or partial month such balance remains unpaid. The late payment charge rate will be the lower of one and one-half percent (1.5%) per month of the maximum allowed by law. If you do not pay any amount on any invoice when due and subsequently World Fax initiates legal proceedings against you to collect such amounts, you will be liable for all costs of collection, including but not limited to attorney's fees and court costs.
   
   

4. Credit Card Billing. Upon registration, World Fax credit card customers will pre-payment, the equivalent of one months' worth of minimum usage. Your credit card will then be charged a maximum of once a month, every month, if your total charges does not equal 1 months billing the balance will be either credited back to your credit card or carried forward to the following month. By registering for World Fax services via your credit card, you are authorizing World Fax to charge your credit card for each and any future usage charges incurred by you.
   
   

5. Customer Credit Card Ststem Limits. World Fax credit card billing policy provides new customers with a $25 credit limit over a 24-hour period. If customer's usage exceeds $25 in any 24-hour period, customer's account will be placed on "Hold" status and customer will be contacted by World Fax via e-mail. If this should occur, World Fax would require verification, in the form of a signature on file and credit card number, that customer is the legal user of the credit card being charged for World Fax' service. If customer does not promptly provide credit card verification, World Fax reserves the right to cancel customer's account.
   
   

6. Taxes. You are responsible for the payment of all applicable federal, state, and local taxes unless you provide World Fax with a valid tax exemption certificate acceptable to the taxing authority.
   
   

7. Broadcast and Production Services Charges. If you use the World Fax Broadcast, FaxMerge, or Production FaxService services, you are obligated to pay in full for all completed calls, based on the applicable World Fax' rate schedule. This obligation applies to all fax distributions initiated for your account, whether such distributions are initiated from your location through the use of World Fax-provided software or other communications software for that purpose, or by World Fax at your request.
   
   

8. Rate Changes. World Fax reserves the right to change its published rates and charges for its software and services from time to time.
   
   

9. Extension of Credit. You authorize World Fax to request, obtain, and exchange credit information as needed to extend credit for the services you use or order. World Fax may request a security deposit or prepayment for any and all services. Such deposit or prepayment amounts shall be reasonable, based on the expected value of your future service usage and your creditworthiness as determined by World Fax. Failure to pay such security deposit or prepayment may result in World Fax' denial or discontinuance of service at World Fax sole discretion.
   
   
10. Lawful Use of Services. You represent that the information you submit for transmission by World Fax is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state, or other applicable laws or regulations. You also agree to accept responsibility for conforming to "community standards" of conduct when transmitting messages. You further agree to indemnify and hold World Fax and its agents and business partners harmless from any and all claims, losses, damages, judgments, expenses and costs (including applicable attorney's fees and court costs) arising from the delivery of any information or the infringement of any trademark, copyright or other third party's intellectual property rights.
    
    

11. Service Termination. You may cancel service at any time upon written notice. You will, however, remain liable to World Fax for any usage of World Fax service prior to the actual discontinuance of service by World Fax. World Fax may immediately discontinue service to you at any time without notifying you unless prohibited from doing so by law or regulation.

    Limitation of Warranty and Liability. World Fax MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, FOR ITS PRODUCTS OR SERVICES. World Fax FURTHER DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FOR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR THAT THE OPERATION OF THE SOFTWARE(S) WILL BE SECURE, ERROR-FREE OR UNINTERRUPTED. World Fax HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. THIS DISCLAIMER INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, INACCURATE OR IMPRECISE DOCUMENT OR DATA CONVERSION, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY YOU OR YOUR EMPLOYEES' ERRORS OR OMISSIONS OR BY THE NEGLIGENCE OF World Fax AND ITS EMPLOYEES. World Fax SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES WHATSOEVER THAT ARISE FROM ANY FAILURES, INTERRUPTIONS, OR DEFICIENCIES OF SERVICE OR FACILITIES PROVIDED TO YOU BY AGREEMENT OR BY TARIFF. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; HOWEVER, THE EXCLUSIONS OF World Fax' WARRANTY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS AGREEMENT DOES NOT EXCLUDE ANY WARRANTIES THAT MAY NOT BE EXCLUDED BY LAW AND ANY LIABILITY ARISING HEREUNDER SHALL BE LIMITED TO THE CORRECTION OR REPLACEMENT OF THE APPLICABLE SOFTWARE, AT World Fax' OPTION. World Fax' LIABILITY FOR ANY INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS IN TRANSMISSION, EQUIPMENT OR SERVICES PROVIDED TO YOU BY AGREEMENT OR TARIFF SHALL BE LIMITED TO A DOLLAR AMOUNT EQUIVALENT TO THE World Fax CHARGES INCURRED BY YOU FOR THE PERIOD IN WHICH THE INTERRUPTION, DELAYS, ERRORS, OR DEFECTS IN TRANSMISSION, EQUIPMENT OR SERVICES OCCURED.
    
    

12. Governing Law. This Agreement shall be governed by the laws of the State of Florida, U.S.A., without reference to its conflict of law provisions.