Woozle: +catg: TOS

2009-03-19T12:25:44Z

+catg: TOS

← Older revision		Revision as of 12:25, 19 March 2009
Line 1:		Line 1:
	==Introduction==		==Introduction==
	These are the terms and conditions which you have to agree to when setting up a new account with [[Faxaway]]. They may be essentially identical to the terms and conditions [http://www.faxaway.com/terms.htm posted on Faxaway's web site], but I thought I would re-post them here in case there were subtle differences.		[[category:terms of service]]These are the terms and conditions which you have to agree to when setting up a new account with [[Faxaway]]. They may be essentially identical to the terms and conditions [http://www.faxaway.com/terms.htm posted on Faxaway's web site], but I thought I would re-post them here in case there were subtle differences.

	==Text==		==Text==

Woozle: /* Introduction */ removed extra left-bracket

2006-11-07T18:38:26Z

Introduction: removed extra left-bracket

← Older revision		Revision as of 18:38, 7 November 2006
Line 1:		Line 1:
	==Introduction==		==Introduction==
	These are the terms and conditions which you have to agree to when setting up a new account with [[Faxaway]]. They may be essentially identical to the terms and conditions [[http://www.faxaway.com/terms.htm posted on Faxaway's web site], but I thought I would re-post them here in case there were subtle differences.		These are the terms and conditions which you have to agree to when setting up a new account with [[Faxaway]]. They may be essentially identical to the terms and conditions [http://www.faxaway.com/terms.htm posted on Faxaway's web site], but I thought I would re-post them here in case there were subtle differences.

	==Text==		==Text==
	1. GENERAL.		1. GENERAL.

Woozle at 18:37, 7 November 2006

2006-11-07T18:37:42Z

New page

==Introduction==
These are the terms and conditions which you have to agree to when setting up a new account with [[Faxaway]]. They may be essentially identical to the terms and conditions [[http://www.faxaway.com/terms.htm posted on Faxaway's web site], but I thought I would re-post them here in case there were subtle differences.
==Text==
1. GENERAL.
Per-minute charges for sending faxes are located in the
RATES schedule http://www.faxaway.com/rates.shtml and
all other account charges and deductions are located
in the Faxaway FAQ http://www.faxaway.com/faxfaq.shtm. Read our FAQ
for other important information on the service. Faxaway's
FAQ is also available via an automatic email responder.
The rates and charges may be changed at any time without
notice and it is up to the Applicant to check the listed
rates for such changes. All charges for services will be
debited to the credit card number provided by Applicant.
PAYMENT MUST BE MADE WITHIN 5 DAYS OR SERVICE WILL BE
IMMEDIATELY TERMINATED. Applicant agrees to pay reasonable
cost of collections, including legal fees. Applicant's
submission, via the Internet, of this Application attests
to financial responsibility, ability, and willingness to
pay invoices within the stated terms and conditions.
Service will be rendered subject to credit approval by
Faxaway. Applicant shall not use the Faxaway services for
any unlawful purpose and shall use the Faxaway services
in accordance with the instructions set forth in the
Faxaway User Guide.

2.
Faxaway has no control of the content of the information
passing through Faxaway accounts. Faxaway does not (i)
represent or endorse the accuracy or reliability of any
opinion, advice or statement made through a Faxaway account,
(ii) assume any liability for any harassing, offensive or
obscene material distributed through a Faxaway account, or
(iii) assume any liability for any material distributed
through a Faxaway account which is distributed in violation
of any third party's copyright or other intellectual
property right.

3.
The Services may only be used for lawful purposes. Applicant
is expressly prohibited from using the Services to transmit
any unlawful, harmful, threatening, abusive, libelous, vulgar,
obscene, profane, hateful, or otherwise objectionable
information of any kind, including, but not limited to,
encouraging conduct that would constitute a criminal offense,
infringe third party rights, give rise to civil liability or
otherwise violate any local, state, national or other law.
Applicant may not use the Services to upload, post, reproduce
or distribute, in any way, any information, software or other
material protected by copyright or any other intellectual
property right without first obtaining the permission of such
right holder.

4.
Applicant agrees to comply with all applicable laws,
regulations, or conventions including those related to
data privacy, international communications, and exportation
of technical or personal data.

5.
LIMITATION OF LIABILITY. As a material inducement for Faxaway
to provide the services hereunder, Applicant agrees that
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FAXAWAY OR
ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE
SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR
INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE.

6.
FAXAWAY MAKES NO EXPRESS OR IMPLIED WARRANTIES TO APPLICANT AS
TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR
FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED.
FAXAWAY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND
OF FITNESS FOR A PARTICULAR PURPOSE.

7.
EFFECTS OF TARIFFS. Any and all tariffs and related provisions
are made a part of this Agreement and shall control any
inconsistency between the tariff and the terms and conditions
of this Agreement.

8.
Indemnification. Applicant shall defend, indemnify and hold
harmless Faxaway, its officers, directors, employees and agents
from any claims and expenses, including reasonable attorney's
fees, related to any breach of this Agreement, use of
Applicant's account or in connection with the placement or
transmission of any message, information, software or other
content using the Services. Faxaway shall give written notice
of any such claim, action or demand within a reasonable time.
Faxaway shall be defended by attorneys of their choice at
Applicant's expense.

9.
The headings of the sections of this Agreement are inserted
solely for convenience and are not intended to be part of, or
affect the interpretation or meaning of this Agreement.

10.
Law & Arbitration. This Agreement shall be governed by
and construed in accordance with Washington State law. Any
controversy or claim between the parties arising out of or
related to this Agreement shall be settled by arbitration
before a single arbitrator under the then current rules of
the Washington Arbitration and Mediation Service (WHAMS).
The arbitration shall be held in Seattle, Washington. The
decision and award of the arbitrator shall be final and
binding and the award so rendered may be entered in any
court having jurisdiction thereof.

11.
Severability. If any provision or portion of this Agreement
shall be held invalid under any applicable laws, such
invalidity shall not affect any other provision of this
Agreement that can be given effect without the invalid
provision or portion, and, to this end, the provisions
or portions hereof are severable.

12.
No Waiver. The failure of either party at any time, or
from time to time, to require performance of any obligation
under this Agreement shall in no manner affect the right of
either party to enforce any provision of this Agreement at
a subsequent time and shall not be construed as a waiver of
any subsequent breach of that same provision.

13.
Applicant may cancel the Services at any time. Applicant's
only remedy with respect to any dissatisfaction with any
term, rule, policy or practice of Faxaway is to terminate
this Agreement by delivering notice to Faxaway. The return
of the application information and the use of the Services
assumes that Applicant has read and agrees to the terms in
this Agreement. Faxaway, reserves the right to suspend or
terminate the Services if Faxaway, in its sole discretion,
believes Applicant is using the Services to engage in
conduct which interferes with other Faxaway Customers' use
of the Services, is harmful to Faxaway, or third parties,
or is otherwise in violation of this Agreement.

Faxaway terms and conditions - Revision history

Woozle: +catg: TOS

Woozle: /* Introduction */ removed extra left-bracket

Woozle at 18:37, 7 November 2006