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Term of Service

Effective Feb 10, 2016.

This document shall serve as an agreement between AFAX ("we", "us", or "provider") and you as an end-user ("you, "user", "subscriber" or "customer"). This document shall constitute the entire agreement between AFAX and you while superseding any other prior agreements, govern your use of AFAX services, including but not limited to any services provided in faxthis.ca and faxthis.net.

By activating, trying or ordering service, you are agreeing to the provisions of this agreement in entirety.

Trademark Acknowledgement

iPhone®, iPod® touch, iTunes®, Mac® and iMac® are registered trademarks of Apple™ Inc, Windows® operating system, Outlook® and MSN® internet services are registered trademark of Microsoft corporation. BlackBerry is the owner of the ubiquitous BlackBerry® family of trademarks. Adobe® reader software is trademarks under Adobe Systems Incorporated. Gmail™ webmail service is trademarks under Google Inc.; any other product names mentioned in this document and our website may have trademarks or registered trademarks of their respective companies and are hereby acknowledged.

This agreement includes the terms of services with any operating policies, price schedules or other supplemental documents specifically incorporated herein by reference and published from time to time by us. This agreement constitutes the entire agreement between us and you regarding the Service, and surpasses all prior oral and written communications and agreements between you and the provider.

If you begin but fail to complete the sign up process for the Service, we may contact you in an effort to help you sign up for the Service. You hereby authorize us to make such contact, even if you ultimately determine not to sign up for any services.

AFAX Service Definition

AFAX offers the Service at its website www.afax.ca (along with other websites owned and operated by us).

The Service includes, but is not limited to:

- A personal local or Toll Free telephone number (a "AFAX DID") which uses for the delivery of faxes to email(s).

- An outbound faxing from email(s) to public telephone systems.

- A Voice over broadband equipment and devices to support subjected Services for Corporate Businesses.

- And our AFAX Website, AFAX Portal, AFAX Software and Applications.

AFAX Usage Term

Definition of Fax Page(s) and Associated Terms:

The duration of each Fax page will take about 60 seconds (one minutes), but there are some exceptions which total duration for each send and receive fax page takes more than 60 seconds (example: 3rd party old Fax machine with 9600 baud rate or the content of documents using extensive colors and images).

In such an event like this, we do the calculation of number of pages as follow:

1. For Inbound Fax using Toll Free numbers: (1-8xx AFAX DID) and

2. For Outbound Faxes to International and U.S. numbers:

The number of pages sent or received is calculated based on the greater of the actual number of pages or the number of full and partial 60-second increments of transmission or connection time – regardless if Fax transmission is completed or not.

Examples:

- 48 seconds fax transmission duration will consider as 1 page.

- 1 minutes and 16 seconds fax transmission duration will consider as 2 pages.

Note: any inbound or outbound Faxes (send and receive) using local exchange numbers are calculated based on actual pages and are exempt.

Any outbound Faxes to International Fax number and U.S. are calculated based on the rate defined per page costs – the rate per page table are accessible within AFAX Portal. All International and U.S. rate per pages are before applicable tax.

Example:

- Customer with 100 Page $4.99 per month plan (send or received); are entitle to send or receive up to 100 Fax pages to local or Toll Free Fax numbers with Canada (National) without any extra charges.

- If this customer attempts to send 2 Fax pages to England (UK), there will be an associated charge per page on top of $4.99 per month regulatory plan cost.

Unused inbound or outbound service credits are valid in the month issued and expire at the end of each applicable thirty (30) days or month period. Inbound or outbound service credits have no cash value. These credits do not roll over to the next month period, and you will receive no cash refund in the event any unused inbound or outbound pages remain in your account upon termination or closure of your account.

Our default currency is set aside as Canadian Dollars (CAD$), all U.S. Customers will pay same equivalent amount.

AFAX Fax Storage.

As per our security measurement, AFAX is not storing any sent or received fax pages, related email to fax messages and/or any content directly related to your faxes. All type of Fax transmission is happen in real-time.

We may decide to have additional feature available to use for free in future, therefor customer would have an option to select for storing the content of their faxes in PDF format within AFAX secure storage and access them using AFAX Portal for requested cycle (no more than 12 months).

You understand and agreed in the event of storing your documents in AFAX server’s storage by using some of the AFAX features (i.e. schedule sending your fax in upcoming date and time or sending multiple faxes at same time); we keep your fax related documents in AFAX storage for the period defined in your schedule or queued faxes.

Examples:

- If you decide to send a Fax using your defined Email address or AFAX Portal, your Fax document(s) will stored in secure storage for the duration of Fax transmission only.

- If you receive a Fax to your AFAX DID; your Fax document(s) will stored in secure storage for the duration of Fax transmission to your email address only.

- If you decide to send a Fax using AFAX Portal and schedule your Fax to be send in next 24 hours, your Fax document(s) will stored in encrypted format in secure storage for the duration of Fax transmission plus 24 hours.

AFAX Privacy Policy.

Please visit our current Privacy Policy at https://www.afax.ca/home/pages/privacypolicy.

Your Responsibilities.

1) Your representations:

You represent that you are at least 18 years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this agreement.

You are fully responsible for the contents of your transmissions through the AFAX Services. The AFAX simply acts as a transit channel for you to send and receive information of your own choosing.

However, the AFAX reserves the right to take any action with respect to the Service that the AFAX deems necessary or appropriate in its sole discretion, if we believes you or your information may create liability for the AFAX, compromise or disrupt the Service or cause any interruption (in whole or in part) the services of the AFAX's or 3rd party service providers.

Your use of the Service is subject to all applicable local, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising).

You agree:

(a) to comply with all laws regarding the transmission of data exported from any country through the Service.

(b) not to use the Service for any illegal purpose.

(d) to comply with all regulations, policies and procedures of networks connected to the Service.

(e) not to use the Service to violate or breach any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

(f) not to use the Service or any related software or applications to knowingly transmit misleading or inaccurate caller identification information for any reason, including doing so with the intent to defraud, cause harm, or wrongfully obtain anything of value.

(g) not to transmit or upload through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, rude, offensive or otherwise objectionable material of any kind or nature.

(h) not to transmit or upload any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, province, national or international law or regulation.

The Service makes use of the Internet to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures.

(i) 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. (j) not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another customer's use of the AFAX Service, software or application.

(k) to obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Service.

(l) to maintain the security of your user name, password and other confidential information relating to your Service account.

(m) to immediately notify us of any unauthorized use of your account or any other breach of security known to you. (n) to be responsible for all charges resulting from use of the Service, including unauthorized use prior to your notifying us of such use and taking steps to prevent its further occurrence.

2) Fax advertising and Fax spam:

The transmission of unsolicited telemarketing phone calls, faxes and email is regulated in Canada, Europe, the United States and by other countries as well. In Canada, the Canadian Radio-Television Telecommunications Commission (CRTC) Canadian Do Not Call List rules and regulations, the Telecommunications Act, the Unsolicited Telecommunications Rules, the Personal Information Protection and Electronic Documents Act and other regulations govern such communications. We collectively refer to all relevant laws, rules and regulations of any governmental body governing phone calls, faxes, and emails as "Telemarketing Rules."

Unsolicited marketing in violation of such Telemarketing Rules through the Service is prohibited and a material violation of this Agreement. Violation of any provision may result in termination, as set forth in termination section; we may pursue other legal remedies available or any combination of these remedies.

Despite this, the AFAX service distribution of Faxes to its own customers is not considered unsolicited fax advertising based upon your acceptance of this Agreement.

At the AFAX's option and without further notice, we may use technologies, algorithms and procedures, such as filters, that may terminate the transmission of such unsolicited fax advertisements without delivering them.

If you believe that you are in receipt of an unsolicited fax advertisement, please take the following two steps:

2.1) If the fax contains a telephone number, fax number or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so; and

2.2) Please use contact page, inform us with the details and make sure fill the Subject with “Unsolicited fax advertisement”.

The AFAX does not permit its customers to use AFAX Numbers for responses to email or fax spam offers. If you believe you are in receipt fax spam that uses a AFAX Number for responses, please take the following two steps:

2.3) If the email or fax contains an email address, telephone number, fax number or other contact information to "unsubscribe" from receipt of additional messages, please do so.

2.4) Please us contact page, inform us with the details and make sure fill the Subject with “Spam”.

The AFAX appreciates your assistance in enforcing and complying with these policies and looks forward to continuing to make your experience a positive one.

NOTE: AFAX Numbers may be reassigned to other customers to ensure the best possible service for all customers, in the event your account is canceled or terminated; you are not permitted to "opt in" to receive on your AFAX Number facsimile advertisements of the commercial availability or quality of any property, goods or services from persons with whom you have not established a business relationship.

Termination.

You may terminate the Service at any time, with or without cause or long advanced notice. In order to provide notice to us, AFAX customers must send a note using contact page while logon to their portal.

A customer service representative or an agent will assist you with cancelling your account in accordance with our verification procedures; as such procedures may be changed by us in its sole discretion. Upon termination of your account, we will send you an email confirming that your account has been canceled. Your account will not be considered cancelled unless and until you receive this email. We reserve the right to terminate or suspend your Service without prior notice for any reason.

Modifications to Agreement.

We may automatically amend this Agreement at any time by (1) posting a revised Agreement on the AFAX Website, or (2) sending information regarding the amendment to the email address you provide to the AFAX.

You are responsible for regularly reviewing our website to obtain timely notice of such amendments. We have your acceptance such amendments by continued use of the service after such amendments posted or information regarding such amendments sent to you.

Modifications to the Service.

We reserve the sole right to modify or discontinue the Service with or without notice to you. The AFAX shall not be liable to you or any third party should we exercise its right to modify or discontinue the Service.

Your Password and Security.

Once you become a registered user, we will be automatically sending you your account information by email. You may change your password from the AFAX Website. You are entirely responsible for maintaining the confidentiality, level of complexity of your password and account information. (AFAX is provided some hints and guideline in website to maintain the complexity of your Password)

Disclaimer of Warranties and Limitation of Liability.

1. ALL AFAX SOFTWARE AND THE SERVICE IS/ARE PROVIDED "AS IS," AND NEITHER THE AFAX NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE AFAX DOES NOT WARRANT THAT ACCESS TO OR USE OF AFAX SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE AFAX SOFTWARE OR THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE AFAX AND EACH OF ITS AFFILIATES, 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.

2. YOUR USE OF ALL AFAX SOFTWARE AND THE SERVICE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, UPLOADING, AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING AFAX SOFTWARE IN ANY SHAPE OR FORM) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE AFAX OR ITS AFFILIATES, OR LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR FILES UPLOADED, HOSTED OR TRANSMITTED VIA THE LARGE FILE SEND FEATURE, 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 THE AFAX NOR ANY OF ITS AFFILIATES, 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 AFAX SOFTWARE OR THE SERVICE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE AFAX OR ANY SUCH AFFILIATE, LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE AFAX AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF AFAX SOFTWARE AND THE SERVICE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (2.1) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR THE SERVICE IN THE ONE (1) MONTH PRECEDING THE DATE OF YOUR CLAIM OR (2.2) MAX CAD$50.00.

YOU HEREBY RELEASE THE AFAX AND EACH OF ITS AFFILIATES, 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.

3. NEITHER THE AFAX NOR ANY OF ITS AFFILIATES, 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 THE AFAX'S OR ANY SUCH AFFILIATE’S, LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO YOUR EMAIL ADDRESS, TELE FAX MACHINE, TELEPHONE, SMARTPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

4. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF THE AFAX, IN EVALUATING THE SERVICES OR ANY OTHER SERVICES OF THE AFAX OR ITS AFFILIATES.

Charges.

1. Pricing Plans:

You agree to pay all charges for your use of the Service in accordance with the pricing plan you were offered and agreed to upon registering for the Service. We reserves the right to charge value-added taxes ("HST" – Ontario Harmonized Sales Tax), sales or other taxes on the Service as it deems appropriate and we reserves the right to change prices or form new charges for access to or use of the Service, including a Discounted Service.

We may amend your pricing plan, including any charges thereto, at any time either by (1.1) posting pricing plan changes on the AFAX Website, or (1.2) sending information regarding the pricing plan changes to the email address you provided to the AFAX. You are responsible for regularly reviewing such pricing information. Continued use of the Service, or non-termination of your AFAX account, after changes are either posted or emailed to you confirm your acceptance of the prices as modified.

If you have questions regarding any charges that have been applied to your account, you must contact us within thirty (30) days of the charge date. Failure to do so will waive your ability to dispute such charges. Failure to use your account will not be deemed a basis for refusing to pay any charges.

2. Payment for the Service:

Your activation fee (if any) and monthly or annual service fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE (after your trail period). You agree that for monthly subscriptions, we may submit charges for your monthly service fee each month, and for annual subscriptions, we may submit charges for your annual service fee annually. In each cases, without further authorization from or notice to you, until you provide prior notice (in accordance with the AFAX's verification procedures, as may be established by us from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated credit card(s).

Such notice will not affect charges submitted before we reasonably could act on your notice. If you add AFAX Numbers to an existing Service account, your first payment for such additional AFAX Numbers may be prorated to match with the annual/monthly anniversary of your first AFAX Number.

You agree that we may (at its option) accumulate Service fees 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 we may delay obtaining authorization from your credit card issuer until submission of the accumulated charge(s). This means that accumulated Service fee charges may appear on the statement you receive from your credit card (financial company) issuer.

Your activation fee (if any), usage charges, and monthly or annual Service fees, as applicable, must be made by the credit or debit card(s) designated by you for use and transactions. If your Service account is a qualified business account approved by us for corporate billing, charges will be accumulated, identified by customer identification number and invoiced on a monthly basis.

If the payment method for your Service account is by credit or debit card and payment is not receive by us from the card issuer or its agent or affiliate, you agree to pay all amounts due upon demand by us. Each time you use the Service, or allow or cause the Service to be used, you agree and reaffirm that we are authorized to charge your designated credit card(s). Your card issuer's agreement governs your use of your designated card in connection with payment for the Service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.

3. Free Trial Period: If you subscribed to the Service a special offer granting you a free trial period, your whole or part of activation fee (if any) and initial service fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (this process have been implemented to validate and verify you as a valid subscriber for a cycle of your trial period) These PRE-AUTHORIZED fees will not be charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, AFAX will suspend your service unless you decided to switch over or expand your services beyond trial cycle.

4. Usage Charges: Additional charges apply when you exceed the number of inbound or outbound Fax pages included in your Service plan. You may decide to increase the size of your Usage by logging into your account at the AFAX Website or by contacting our customer service or support.

Furthermore, in the event that the AFAX submits charges for your annual or monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize us to apply your Usage to pay for some or all of your annual or monthly service fee due.

6. Notification of Changed Billing Information. You must promptly notify us of changes to: (6.1) the account number, security code or expiration date of your designated credit or debit cards; (6.2) your billing address for the designated credit or debit card; and (6.3) the name of each minor whom you have authorized to use your Service account. You must also promptly notify us if your card is canceled for any reason, including loss or theft. In order to avoid Service interruptions caused by rejected credit or debit card charges, we reserve the right to update your credit or debit card details (such as expiration dates or new card numbers). You understand and agree that we entitled to obtain such updated card details, store them and use them to bill charges.

7. Late Fees. An administrative late fee of $2.95 USD or $4.00 CAD (or the approximate equivalent in local currency), or the maximum amount permitted under and subject to applicable law, may be charged to your account each time full payment of your outstanding balance is not received by the payment due date. You agree that we may submit charges for late fees without further authorization from or notice to you, until you provide prior notice (in accordance with our verification procedures, as may be established by us from time to time in its sole discretion) that you have terminated or canceled your Service, or wish to change your designated card(s). Such notice will not affect charges submitted before we reasonably could act on your notice.

Termination for Non-Payment.

We reserve the right to suspend or terminate your account and associated Service 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 us when we 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 us.

Ownership.

All services, programs, processes, designs, software, technologies, trademarks, trade names, inventions and materials including any portion of the Service are wholly owned by AFAX, its affiliates and/or its licensors and service providers except where expressly stated otherwise. You may not use our or our affiliates’ trademarks, trade names, patents, copyrights or other intellectual property rights without prior written permission.

Rules Regarding AFAX Numbers.

You acknowledge and agree that you will have use of the AFAX number(s) provided as part of the services only until the end of the term of your agreement or until we no longer provides you with services unless you satisfy the provisions in section (a) below. the AFAX is granting you the revocable permission to use such number(s) in accordance with this agreement for the length of the term of the agreement. you understand that we are the customer of record of all number(s) provided as part of the services and, therefore has certain rights with respect such of the number(s), including without limitation certain rights relating to porting of AFAX number(s) ("porting" is causing or attempting to cause number(s) to be transferred, switched or otherwise moved to any other service provider, telephone carrier or any other person or entity).

a. Telephone numbers ported in

If you "ported in" any telephone number(s) in connection with your use of service, or you are entitled to "port out" a telephone number under LNP regulation, you may "port out" such number(s) in connection with terminating your account only if you satisfy the following requirements: (i) you provide written notice to us of your intention to "port out" such telephone number(s) no later than thirty (30) days after the date of termination of your account (the "porting notice period"); (ii) your new telephone carrier provides our telephone carrier with a duly executed porting request prior to the expiration of the porting notice period; (iii) you have to pay us for all service provided to you prior to the date you provide notice of your intent to terminate your account; and (iv) prior to the expiration of the porting notice period, we ahve received an administrative fee to cover its reasonable costs associated with processing the port in an amount of CAD$50 (which amount may vary outside of the Canada) per telephone number.

You hereby authorize us to charge your credit or debit card in the applicable amount for such administrative fee. the porting process can be lengthy; if you would like to maintain your service during the porting process, you must maintain your account in an active status and not terminate your account until the porting out is complete. regardless of when the port out is complete, you will continue to be responsible to pay all applicable account fees with respect to the telephone numbers until you formally terminate your service. if you fail to satisfy any of the foregoing requirements, we shall remain the customer of record of the number(s) and you are expressly prohibited from causing or attempting to cause such number(s) to be transferred to any other service provider, telephone carrier or any other person or entity. we also retains the right to reclaim the number(s) from you after the number(s) are ported out in contravention with these requirements and to charge your credit or debit card the CAD$750 (which amount may vary outside of the Canada) in liquidated damages set forth above. you understand and agree that even if you satisfy the requirements set forth in this section 19 (a), technical or procedural difficulties or interruptions may occur when attempting to port out these numbers and such difficulties or interruptions may prevent your new carrier from porting the numbers. We are not responsible for such technical or procedural difficulties or interruptions and you will receive no refund of your administrative fee.

b. Reassignment of Telephone Numbers

You understand and agree that following the termination of your service for any reason, the AFAX number(s) assigned to you may be immediately re-assigned to another customer. you agree that we will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of damages. you further understand and agree that we may from time to time need to change the number assigned to you (whether due to an area code split or any other reason whether outside or within our control). You agree that we will not be liable for damages (including consequential or special damages) arising out of any such change in our number assigned to you.

c. No right to charge third party services to AFAX numbers

You agree that you are not authorized to charge services provided to you or at your request to the AFAX number assigned to you by us and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. any such charges will give us the right to immediately terminate or suspend your account without notice.

General Terms.

The laws of the Province of Ontario, Canada., excluding its Conflicts of Law Rules, govern this agreement and your use of the AFAX software and the services. 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 AFAX software or the service resides in the Canadian district court for the central district of Province of Ontario or a superior court for the Province of Ontario located in the city of Richmond Hill; provided 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 city of Richmond Hill. 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. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder whether by direct assignment, by operation of law or otherwise, and any attempt to the contrary is void. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. Parental control protections (such as commercially available computer hardware, software or filtering services) 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 fax or email messages received through the AFAX Services. Any exclusion or limitation of the AFAX’s liability specified in this Agreement, and the indemnification obligations set forth in Section 20, shall survive the expiration or termination of this Agreement for any reason.

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