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Terms and Conditions

This Agreement constitutes the entire agreement between 4+ Inc. (dba "PLUSFAX™") and you ("you" or "Customer") as an authorized user of PLUSFAX™ (the "PLUSFAX™ Service"). By using any PLUSFAX™ Service, you confirm your acceptance of, and agree to be bound by, this Agreement.

Service Usage.
Responsibilities.
Other Responsibilities.
Termination.
Operation.
Customer Representations.
Ownership.
No Warranties and Limitation of Liability.
Indemnification.
Notices; Consent.
Effective Date; Changes to Terms.
Governing Law, Etc.

Service Usage.
PLUSFAX™ is presently free of all charge for members and employees of UK Universities and most Registered Charities. PLUSFAX™ reserves the right in its sole discretion to change PLUSFAX™'s policies, fees and services at any time

Responsibilities.
You are fully responsible for your communications via PLUSFAX™. You may not, under any circumstances, do any of the following: (a) publish, encourage, distribute or disseminate defamatory, infringing or other unlawful material or information via PLUSFAX™; (b) use PLUSFAX™ to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy) of others; (c) intercept or attempt to intercept faxes, voice mail, electronic mail or any other communication that may be deemed a privileged communication; (d) attempt to decode the data shown in binary format on pages printed using the PLUSFAX™ software, (e) use pages printed using the PLUSFAX™ software for any other purpose than to communicate with the PLUSFAX™ service, (f) use PLUSFAX™ in a manner that adversely affects the availability of its resources to other customers; or (g) act, or fail to act, in your use of PLUSFAX™, in a manner that is contrary to applicable law or regulation. You agree not to use PLUSFAX™ Services or information obtained in connection with PLUSFAX™ Services to send so-called 'junk' email or fax solicitations to others. Your failure to observe any of the foregoing limitations may result in civil or criminal liability, in addition to termination of your PLUSFAX™ Service account.

Other Responsibilities.
You agree to, (a) maintain any security of your Customer identification, and other confidential information relating to your PLUSFAX™ account; and (b) accept e-mail, fax, and voice messages sent by PLUSFAX™ for informational and promotional purposes.

Termination.
a. Either you or PLUSFAX™ may terminate your PLUSFAX™ Service account at any time, with or without cause, upon notice. Any such notice by you to PLUSFAX™ must be in accordance with PLUSFAX™'s verification procedures, as may be established by PLUSFAX™ from time to time in its sole discretion, and which may include the requirement that you contact PLUSFAX™ by phone so as to confirm that any such notice was in fact sent by you. PLUSFAX™ also reserves the right to terminate or suspend your PLUSFAX™ Service account without prior notice, provided that PLUSFAX™ will attempt to confirm such termination or suspension by subsequent notice.

b. You acknowledge that although PLUSFAX™ currently has set no maximum usage limits on the quantity of faxes and email that a customer may send through the PLUSFAX™ Service, PLUSFAX™ retains the right, at PLUSFAX™'s sole discretion, in the future to set limits on use of the PLUSFAX™ Service and to determine whether your conduct is consistent with the uses intended by PLUSFAX™ for the PLUSFAX™ Service. PLUSFAX™ further reserves the right to terminate your right to use the PLUSFAX™ Service if PLUSFAX™ determines that your use of the such services is not consistent with the uses intended therefor by PLUSFAX™. Any such termination will be upon notice, but PLUSFAX™ also reserves the right to terminate or suspend your PLUSFAX™ Service account without prior notice, provided that PLUSFAX™ will attempt to confirm such termination or suspension by subsequent notice.

c. In particular, PLUSFAX™ further reserves the right to increase in the future the fee for your use of the PLUSFAX™ Service or terminate your PLUSFAX™ Service account at any time in the event that the costs incurred by PLUSFAX™ in providing the PLUSFAX™ Service are increased. Any such termination will be upon notice, but PLUSFAX™ also reserves the right to terminate or suspend your PLUSFAX™ Service account without prior notice, provided that PLUSFAX™ will attempt to confirm such termination or suspension by subsequent notice.

Operation.
PLUSFAX™ will not review or monitor the contents of e-mail or faxes except as required by applicable law or legal process.

Customer Representations.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You agree to comply with your responsibilities and obligations as stated in this Agreement.

Ownership .
a. All programs, services, processes, designs, software, technologies, trademarks, tradenames, inventions and materials comprising the PLUSFAX™ Service are wholly owned by 4+ Inc. except where stated otherwise. This expressly includes printed material produced by the PLUSFAX™ software. Such material is Copyright PLUSFAX™ and may only be used for the express purpose of communicating information to the PLUSFAX™ service.

b. YOU FURTHER UNDERSTAND AND AGREE THAT PLUSFAX™ MAY FROM TIME TO TIME NEED TO CHANGE THE TELEPHONE NUMBER ASSIGNED TO ITS FAX SERVERS (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN PLUSFAX™'s CONTROL). YOU AGREE THAT PLUSFAX™ WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE TELEPHONE NUMBER ASSIGNED TO ITS SERVERS, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF PLUSFAX™ HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

No Warranties and Limitation of Liability.
a. ALL PLUSFAX™ SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND PLUSFAX™ MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. PLUSFAX™ DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLUSFAX™ SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT PLUSFAX™ SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. PLUSFAX™ EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

b. YOUR USE OF PLUSFAX™ AND ALL PLUSFAX™ SOFTWARE AND THE PLUSFAX™ 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 PLUSFAX™ SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM PLUSFAX™. YOU AGREE THAT PLUSFAX™ WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE PLUSFAX™ OR ANY PLUSFAX™ SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF PLUSFAX™ HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU HEREBY RELEASE PLUSFAX™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS WITH RESPECT TO THE USE OF THE PLUSFAX™ SERVICE AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT. 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.

c. PLUSFAX™ SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE PLUSFAX™'s CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE RECIPIENT'S ELECTRONIC MAIL ADDRESSES, FAX MACHINES OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

d. IN PARTICULAR, YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF PLUSFAX™, IN EVALUATING THE PLUSFAX™ SERVICES AND/OR PRODUCTS OF PLUSFAX™.

Indemnification.
You agree to indemnify PLUSFAX™ from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your PLUSFAX™ Service account, including any violation of this Agreement by you or any other person using your account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.

Notices; Consent.
Notices given by PLUSFAX™ to you will be given by electronic mail or by a general posting on the PLUSFAX™ World Wide Web site, or by conventional mail. In any matter requiring PLUSFAX™'s prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of PLUSFAX™. Notices given by you to PLUSFAX™ must be given by electronic mail or by conventional mail (subject, however, to PLUSFAX™'s verification procedures, as may be established by PLUSFAX™ from time to time in its sole discretion, and which may include the requirement that you contact PLUSFAX™ by phone so as to confirm that any such notice was in fact sent by you). Notices to PLUSFAX™ by conventional mail must be sent to PLUSFAX, 239 Old St, London EC1V 9EY, England.

Effective Date; Changes to Terms.
This Agreement takes effect on the date on which you first use the PLUSFAX™ Service and continues until your PLUSFAX™ Service account is terminated either by you or by PLUSFAX™. PLUSFAX™ RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ON THE PLUSFAX™ WORLD WIDE WEB SITE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ON THIS SITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE PLUSFAX™ SERVICE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

Governing Law, Etc.
THE LAWS OF THE STATE OF NEW YORK, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE PLUSFAX™ SOFTWARE AND SERVICE, AND YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE PLUSFAX™ SOFTWARE OR SERVICES RESIDES IN THE COURTS OF THE STATE OF NEW YORK, U.S.A. IF ANY PART OF THIS AGREEMENT IS HELD INVALID OR UNENFORCEABLE, THAT PORTION SHALL BE CONSTRUED TO REFLECT THE PARTIES' ORIGINAL INTENT, AND THE REMAINING PORTIONS REMAIN IN FULL FORCE AND EFFECT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PLUSFAX™ AND YOU WITH RESPECT TO YOUR USE OF PLUSFAX™, THE PLUSFAX™ SERVICE, AND YOUR PLUSFAX™ ACCOUNT, AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN PLUSFAX™ AND YOU WITH RESPECT THERETO.