eFax Developer Customer Agreement

This Agreement, which governs the terms and conditions of your use of eFax Developer Services, is between you ("you" or "Customer"), as an authorized user of such services, and j2 Global. Communications, Inc., a Delaware corporation, ("j2 Global"). Notwithstanding the foregoing, your service will be provided to you and you will legally be a customer of (i) j2 Global Communications, Inc. if you are issued a Service telephone number that is local to the U.S. or Latin America and (ii) j2 Global Ireland Limited if you are issued a Service telephone number that is outside of the U.S. and Latin America. You will, however, receive your billing statements from j2 Global Communications, Inc. if you reside in the U.S. or Latin America and from j2 Global Ireland Limited if you reside out of the U.S. and Latin America.

This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by j2 Global (collectively, the "Agreement"), constitutes the entire agreement between j2 Global and you regarding eFax Developer Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.

For Canadian Customers: Please note that when you place an order to purchase on this Website, it constitutes an offer to purchase and remains subject to j2 Global's acceptance. Goods or services listed or described on this Website constitute an invitation to make an offer to purchase.

For purposes of this Agreement, "Services" are defined as any and all services provided by j2 Global to you either now or in the future, including but not limited to: (i) local and/or toll-free telephone number(s) that provide for the delivery of inbound faxes as XML to the Customer via https POST method and (ii) outbound electronic faxing via the internet whereby the Customer can initiate outbound faxes by posting faxes as XML to j2 Global via https POST method. By using the Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

If you begin the sign up process for eFax Developer Services but fail to complete the process, j2 Global may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize j2 Global to make such contact, even if you ultimately determine not to sign up for eFax Developer Services.

1. eFax Developer Services.

j2 Global offers eFax Services at its website www.efaxdeveloper.com (together with other websites owned and operated by j2 Global, the "Website")

2. Privacy Policy

j2 Global is dedicated to establishing trusting relationships with its customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, a current copy of which is available at www.efaxdeveloper.com/developer/content/privacy.

If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use customers' personally identifiable information in a manner different from that stated at the time of collection we will notify customers via email. Customers will have a choice as to whether or not we use their information in this different manner. However, if customers have opted out of all communication with j2 Global, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect customer information already stored in our database, we will post a prominent notice on our Web site notifying customers of the change. In some cases where we post a notice we will also email customers, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

3. Customer Responsibilities.

You are fully responsible for the contents of your transmissions through the Services. j2 Global simply acts as a passive conduit for you to send and receive information of your own choosing. However, j2 Global reserves the right to take any action with respect to the Services that j2 Global deems necessary or appropriate in its sole discretion if j2 Global believes you or your information may create liability for j2 Global, compromise or disrupt the Services for you or other customers, or cause j2 Global to lose (in whole or in part) the services of j2 Global's ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.

You must (a) 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 Services; (b) maintain the security of your PIN number and other confidential information relating to your eFax Developer account and; (c) be responsible for all charges resulting from use of your eFax Developer account, including unauthorized use prior to your notifying j2 Global of such use and taking steps to prevent its further occurrence.

4. Unsolicited Fax Advertisement/Spam Drop-Box Policy.

5. Termination.

Either you or j2 Global may terminate your eFax Developer account at any time, with or without cause, upon notice. Any such notice by you to j2 Global must be in accordance with j2 Global's verification procedures, as such procedures may be established and changed by j2 Global from time to time in its sole discretion, and which may include the requirement that you contact j2 Global by phone to confirm that any such notice was in fact sent by you. j2 Global also reserves the right to terminate or suspend your eFax Developer account without prior notice, provided that j2 Global will attempt to confirm such termination or suspension by subsequent notice.

6. Customer Representations.

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of eFax Developer Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

7. Modifications to Customer Agreement.

j2 Global may automatically amend this Agreement at any time by (a) posting a revised eFax Developer Customer Agreement on the Website, and/or (b) sending information regarding the amendment to the email address you provide to j2 Global. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE eFax DEVELOPER SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and j2 Global.

8. Modifications to Services.

j2 Global reserves the right to modify or discontinue any of the Services with or without notice to you. j2 Global shall not be liable to you or any third party should j2 Global exercise its right to modify or discontinue the Services.

9. Member Account, PIN, and Security.

As part of the registration process, you will be required to provide an email address and select a PIN. Once you become a registered user, your eFax Developer Number will be automatically sent to you by email. You may change your PIN and set a password to protect your faxes or voicemail messages after logging in to the Website. You are entirely responsible for failing to maintain the confidentiality of your PIN, password, eFax Developer Number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify j2 Global of any unauthorized use of your account or any other breach of security known to you.

10. Disclaimer of Warranties and Limitations of Liability.

11. Charges.

12. Payment.

j2 Global reserves the right to suspend or terminate your eFax Developer account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to j2 Global when j2 Global 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 j2 Global.

13. Ownership.

14. Indemnification.

You agree to indemnify j2 Global and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your eFax Developer account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited faxes.

15. No Resale Of The Services.

Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.

16. Participation In Promotions Of Advertisers.

You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. j2 Global assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

17. Notices; Consent.

Notices given by j2 Global to you will be given by email or by a general posting on the Website, or by conventional mail. In any matter requiring j2 Global's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of j2 Global. Notices given by you to j2 Global must be given by email or by conventional mail (subject, however, to j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion, and which may include the requirement that you contact j2 Global by phone so as to confirm that any such notice was in fact sent by you). Notices to j2 Global by conventional mail must be sent to j2 Global Communications, Inc., 6922 Hollywood Boulevard, 5th Floor, Los Angeles, CA 90028, U.S.A.

18. General Terms.

THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF j2 GLOBAL SOFTWARE AND 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 j2 GLOBAL SOFTWARE OR SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OR A SUPERIOR COURT FOR THE STATE OF CALIFORNIA LOCATED IN LOS ANGELES COUNTY; 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 federal or state courts located in the State of California. 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. j2 Global's failure to act with respect to a breach by you or others does not waive j2 Global's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. j2 Global shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond j2 Global's reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that 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 email messages as provided as part of the Services.

19. Legal Notices

Under California Civil Code Section 1789.3, California Customers are entitled to the following specific consumer rights information:

Pricing Information. Current rates for using the Service may be obtained by calling our Customer Service department. j2 Global reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time, as provided for above.

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.