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.
- Other Responsibilities.
- Customer Representations.
- No Warranties and Limitation of Liability.
- Notices; Consent.
- Effective Date; Changes to Terms.
- Governing Law, Etc.
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
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.
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.
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
PLUSFAX™ will not review or monitor the contents of e-mail or faxes except
as required by applicable law or legal process.
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.
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
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
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™.
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 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.