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Please read the following Terms Of Service Agreement carefully.
Terms of Service Agreement
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
iFax Soho is a Service that allows users to have an Internet iFax box account and a fax-to-email /Web-to-fax Service (the "Service"), including but not limited to, fascimile or web-email integrated Services. The Service, owned and operated by United Network Solutions Limited. (the "Company"), is provided to you ("Member") under the terms and conditions of this Terms of Service Agreement (the "Agreement") and any operating rules or policies that may be published by the Company. This Agreement represents the entire agreement between Member and the Company and supersedes all prior agreements between the parties regarding the subject matter contained herein.
BY CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUNDED BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT.
DESCRIPTION OF SERVICE
The Service provides users with a personal fax number that will act as the personal i-fax box. Users may access, compose and manage their Service account via the Internet.
In return for this Service, the Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so when it uses the Service and (2) maintain and update this information as required, to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants the Company the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs the Company, or any other person, to disclose such information through the Service as provided by the Service or (2) the Company is required to disclose such information by any applicable law or legal process served on the Company.
If any information provided by Member is inaccurate, the Company retains the right to terminate Member's membership and rights to use the Service.
MODIFICATIONS TO TERMS OF SERVICE
The Company may change the terms and conditions of the Agreement from time to time. Upon any change in the terms and conditions of the Agreement, the Company will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service or by email.
Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the Agreement and its modifications; and (2) agreement by Member to abide and be bound by the Agreement and its modifications.
MODIFICATIONS TO SERVICE
The Company reserves the right to modify or discontinue the Service with or without notice to Member.
The Company shall not be liable to Member or any third party should the Company exercise its right to modify or discontinue the Service.
Fascimile is private correspondence between the sender and the recipient.
It is the Company's policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data as discussed in Section 2 above, the Company will not monitor, edit, or disclose the contents of a Member's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on the Company; (2) protect and defend the rights or property of the Company; or (3) act under exigent circumstances to protect the personal safety of its members or the public.
Member acknowledges and agrees that the Company neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
Member acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions; you may also set up a new account and close an old one at your convenience.
Member agrees to immediately notify the Company of any unauthorized use of Member's account or any other breach of security known to Member.
DISCLAIMER OF WARRANTIES
Member expressly agrees that user of the Service is at member's sole risk. The Service is provided on an "As is" and "As available" basis.
The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purose and non-infringement.
The Company makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does the Company make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the software will be corrected.
Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done at member's own discretion and risk and that member will be solely responsible for any damage to member's computer system or loss of data that results from the download or such material and/or data.
The Company makes no warranty regarding any goods or services puchased or obtained through the Service or any transactions entered into through the Service.
No advice or information, whether Oral or Written, obtained by Member from the Company or through the Service shall create any warranty not expressly made herein.
Some Jurisdictions do not allow the exclusion or certain warranties, so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
The Company shall not be liable for any direct, indirect, incidental, speical or consequential damages, resulting from the Member or the inability to use the Service or for cost of procurement of substitute goods and services resulting from any goods or services purchase or obtained or messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of Member's transmissions or Data, including but not limited to, damages for loss of profits, use, data or other intangible, even if the Company has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
NO RESALE OF THE SERVICE
Member's right to use the Service is personal to Member. Member agrees not to resell the Service, without the express consent of the Company.
FAX MESSAGE STORAGE AND OTHER LIMITATIONS
The Company assumes no responsibility for the deletion or failure to store fax messages.
The Company has set no fixed upper limit on the number of messages a Member may send or receive through the Service; however, the Company retains the right, at the Company's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the Agreement and may terminate Service if a Member's conduct is found to be inconsistent with the Agreement.
Member is solely responsible for the contents of his or her transmissions through the Service.
Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with Hong Kong law regarding the transmission of technical data exported from Hong Kong through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, 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.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees 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. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
The Company may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of this Agreement.
Member agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of the terms of this Agreement by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
Either Member or the Company may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. The Company shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the Company or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify the Company of termination.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and the Company will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. The Company may broadcast notices or messages through the Service to inform Member of changes to the Agreement, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the advertisers showing their products on the Service. 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 the corresponding Member and the advertiser. The Company assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to, text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the use of the Service ("Content") by the Company or the Company's advertisers, is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Company or the advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Company or the advertiser.
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, excluding its conflict of law provisions.
Member and the Company agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
The Company's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
Member and the Company agree that any cause of action arising out of or related to this Agreement and/or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.