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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/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.

  1. Unsolicited Fax Advertisement Policy. The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act (http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html) and is also illegal under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited.

    j2 Global understands that receipt of such faxes can impair your use of our Services. Accordingly, j2 Global intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our customers. At j2 Global's option and without further notice, j2 Global may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.

    If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:
    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. Please go to the following web page to file a complaint with j2 Global by inserting the required information and including a copy of the offending fax: http://www.efax.com/about-us?tab=reportSpam.
    You hereby acknowledge and agree that j2 Global, as owner of all eFax Developer Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to j2 Global.

    Because our Numbers may be reassigned to other customers in the event your account is canceled, and to ensure the best possible service for all customers, you are not permitted to "opt in" to receive spam faxes on your eFax Developer Number.
  2. Spam Drop-Box Policy. j2 Global does not permit its Customers to use their eFax Developer Number as a "drop-box" for responses to email or fax spam offers. If you believe you are in receipt of email or fax spam that uses an eFax Developer Number as a "drop-box" for responses, we ask that you take the following steps:
    1. 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; and
    2. If you are unable to successfully "unsubscribe," please forward the offending email to abuse@mail.j2.com.
    We will investigate your complaint and determine if the fax/voicemail number referenced in the spam email or spam fax is an eFax Developer Number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their eFax Developer Service. We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the eFax Developer experience a positive one for you.

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.

  1. eFAX DEVELOPER AND ALL OTHER j2 GLOBAL SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER j2 GLOBAL NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. j2 GLOBAL DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT j2 GLOBAL SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. j2 GLOBAL AND EACH OF ITS 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 eFAX DEVELOPER AND ALL OTHER j2 GLOBAL SOFTWARE AND SERVICES 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 j2 GLOBAL SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM j2 GLOBAL. YOU AGREE THAT NEITHER j2 GLOBAL NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE eFAX DEVELOPER OR ANY OTHER j2 GLOBAL SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF j2 GLOBAL OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF j2 GLOBAL AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF eFAX DEVELOPER AND ANY OTHER j2 GLOBAL SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE j2 GLOBAL AND EACH OF ITS 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 j2 GLOBAL NOR ANY OF ITS 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 j2 GLOBAL'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE 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 j2 GLOBAL, IN EVALUATING THE eFAX DEVELOPER SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF j2 GLOBAL.

11. Charges.

  1. You agree to pay all charges for your use of eFax Developer Services at the prices then in effect for your country of residence. j2 reserves the right to charge value-added ("VAT"), sales or other taxes, on the Services as it deems appropriate and to change prices or institute new charges for access to or use of eFax Developer. All changes will be posted by j2 Global at the Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of eFax Developer Services or non-termination of your eFax Developer account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
  2. Payment of your eFax Developer account balance is due monthly and, unless you have a qualified business account, must be made by the credit or debit card designated by you for j2 Global use and transactions. If your eFax Developer account is a qualified business account and is approved by j2 Global for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
  3. Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your eFax a Developer account is by credit or debit card and payment is not received by j2 Global from the card issuer or its agents, you agree to pay all amounts due upon demand by j2 Global. Each time you use eFax Developer Services, or allow or cause eFax Developer Services to be used, you agree and reaffirm that j2 Global is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with eFax Developer, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that j2 Global may (at its option) accumulate charges 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 j2 Global may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
  4. To view your current account balance, along with billing details and any accumulated charges, please click on "Billing" after logging in to the Website.
  5. Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that j2 Global may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before j2 Global reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact j2 Global's Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by j2 Global in accordance with this Agreement.
  6. Additional charges for outbound fax service and/or other usage-based services as j2 Global may introduce from time to time are payable in advance by deposit of a fixed amount (currently U.S. $50.00, $25.00, or $10.00, or the approximate equivalent in local currency), as set from time to time by j2 Global. This deposit will be due and payable immediately upon your use of any usage-based service. As a result, the first time you use any of these usage-based Services, a deposit (currently U.S. $50.00, $25.00, or $10.00 or the approximate equivalent in local currency) may be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted based upon your use of outbound fax service and/or other usage-based charges, according to standard j2 Global messaging rates for the eFax Developer Services. Thereafter, each time your deposit is depleted to $2.00, another fixed amount deposit in the same amount as the prior deposit will be immediately charged to your credit or debit card, without further authorization from you, which deposit will thereafter be depleted based upon your use of outbound fax service and/or other usage-based services, according to standard j2 Global messaging rates for these eFax Developer Services. With respect to the eFax Developer outbound faxing service, please be advised that j2 Global will bill you for each attempt made by j2 Global to send the fax where any transmission occurs whether or not the transmission is completed, such as instances when someone answers the call or transmission is interrupted before completion.
  7. In the event j2 Global submits charges for your monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize j2 Global to use your deposit to pay for any monthly service fee due j2 Global until j2 Global is able to successfully charge your card. In the event j2 Global is subsequently able to successfully process your monthly service fee through your credit or debit card, j2 Global will automatically replenish your deposit for all monthly service fees paid from your deposit and will charge your credit or debit card in an amount equal to this amount (and you hereby authorize j2 Global to do so).

    You agree that j2 Global may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before j2 Global reasonably could act on your notice. Upon notice (in accordance with j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion) from you that you have terminated this authorization, you will be entitled to a refund of any unused portion of your most recent deposit, unless at such time there are any outstanding charges resulting from use of your eFax Developer account (including those charges described in the preceding paragraphs), in which case the remainder of your deposit will be applied to satisfy such charges.
  8. You must promptly notify j2 Global of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to use your eFax Developer account. You must also promptly notify j2 Global if your card is canceled (e.g., for loss or theft).

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.

  1. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the eFax Developer Service are wholly owned by j2 Global and/or its licensors and service providers except where expressly stated otherwise. . You may not use j2 Global's trademarks, trade names, patents, copyrights or other intellectual property rights without j2 Global's prior written permission.
  2. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY eFAX DEVELOPER NUMBER ASSIGNED TO YOU BY j2 GLOBAL. OWNERSHIP OF ANY SUCH eFAX DEVELOPER NUMBER IS VESTED SOLELY IN j2 GLOBAL (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR eFAX DEVELOPER ACCOUNT FOR ANY REASON, SUCH eFAX DEVELOPER NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT j2 GLOBAL 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 j2 GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
  3. YOU FURTHER UNDERSTAND AND AGREE THAT j2 GLOBAL MAY FROM TIME TO TIME NEED TO CHANGE THE eFAX DEVELOPER NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN j2 GLOBAL'S CONTROL). YOU AGREE THAT j2 GLOBAL WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE eFAX DEVELOPER NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF j2 GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
  4. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE eFAX DEVELOPER NUMBER ASSIGNED TO YOU BY j2 GLOBAL 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 j2 GLOBAL THE RIGHT TO IMMEDIATELY TERMINATE YOUR eFAX DEVELOPER ACCOUNT WITHOUT NOTICE.

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.

 

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