Customer Agreement
This Agreement
constitutes the entire agreement between PolyTeQ Inc. (dba
"PolyFAX") and you ("you" or
"Customer") as an authorized user of PolyFAX (the
"PolyFAX Service"). By using any PolyFAX Service, you
confirm your acceptance of, and agree to be bound by, this
Agreement.
1.Service Usage.
2.Responsibilities.
3.Other Responsibilities.
4.Termination.
5.Operation.
6.Customer
Representations.
7.Ownership.
8.No Warranties and
Limitation of Liability.
9.Indemnification.
10.Notices; Consent.
11.Effective Date;
Changes to Terms.
12.Governing Law, Etc.
1.Service Usage.
As
a PolyFAX Service user, you may use the servers indicated on the
server page of the PolyFAX.com World Wide Web Site for sending
faxes to email addresses free of charge for an initial period of
thirty days. On payment of the monthly subscription fee this
period will be extended for a further period of one year from the
date of subscription or purchase. At the end of the first and any
subsequent years you may continue to use the PolyFAX service and
the PolyFAX software upon payment of the published registration
fee at the time of renewal. You may also use the PolyFax service
by purchasing a number of messages, in which case you may use the
service only as required to transmit the specific number of
messages. You may make only such use of the PolyFAX Service as is
permitted by this Agreement, PolyFAX's policies and applicable
law. PolyFAX reserves the right in its sole discretion to change
PolyFAX's policies and services at any time
2. Responsibilities.
You are fully responsible for your communications via PolyFAX.
You may not, under any circumstances, do any of the following:
(a) publish, encourage, distribute or disseminate defamatory,
infringing or other unlawful material or information via PolyFAX;
(b) use PolyFAX to threaten, harass, stalk, abuse, or otherwise
violate the legal rights (including rights of privacy) of others;
(c) intercept or attempt to intercept faxes, voice mail,
electronic mail or any other communication that may be deemed a
privileged communication; (d) attempt to decode the data shown in
binary format on pages printed using the PolyFAX software, (e)
use pages printed using the PolyFAX software for any other
purpose than to communicate with the PolyFAX service, (f) use
PolyFAX in a manner that adversely affects the availability of
its resources to other customers; or (g) act, or fail to act, in
your use of PolyFAX, in a manner that is contrary to applicable
law or regulation. You agree not to use PolyFAX Services or
information obtained in connection with PolyFAX Services to send
so-called 'junk' email or fax solicitations to others. Your
failure to observe any of the foregoing limitations may result in
civil or criminal liability, in addition to termination of your
PolyFAX Service account.
3. Other
Responsibilities.
You agree to, (a) maintain any security of your Customer
identification, and other confidential information relating to
your PolyFAX account; and (b) accept e-mail, fax, and voice
messages sent by PolyFAX for informational and promotional
purposes.
4. Termination.
a. Either you or PolyFAX may terminate your PolyFAX Service
account at any time, with or without cause, upon notice. Any such
notice by you to PolyFAX must be in accordance with PolyFAX's
verification procedures, as may be established by PolyFAX from
time to time in its sole discretion, and which may include the
requirement that you contact PolyFAX by phone so as to confirm
that any such notice was in fact sent by you. PolyFAX also
reserves the right to terminate or suspend your PolyFAX Service
account without prior notice, provided that PolyFAX will attempt
to confirm such termination or suspension by subsequent notice.
b. You acknowledge that although PolyFAX currently has set no maximum usage limits on the quantity of faxes and email that a customer may send through the PolyFAX Service, PolyFAX retains the right, at PolyFAX's sole discretion, in the future to set limits on use of the PolyFAX Service and to determine whether your conduct is consistent with the uses intended by PolyFAX for the PolyFAX Service. PolyFAX further reserves the right to terminate your right to use the PolyFAX Service if PolyFAX determines that your use of the such services is not consistent with the uses intended therefor by PolyFAX. Any such termination will be upon notice, but PolyFAX also reserves the right to terminate or suspend your PolyFAX Service account without prior notice, provided that PolyFAX will attempt to confirm such termination or suspension by subsequent notice.
c. In particular, PolyFAX further reserves the right to increase in the future the fee for your use of the PolyFAX Service or terminate your PolyFAX Service account at any time in the event that the costs incurred by PolyFAX in providing the PolyFAX Service are increased. Any such termination will be upon notice, but PolyFAX also reserves the right to terminate or suspend your PolyFAX Service account without prior notice, provided that PolyFAX will attempt to confirm such termination or suspension by subsequent notice.
5. Operation.
PolyFAX will not review or monitor the contents of e-mail or
faxes except as required by applicable law or legal process.
6 Customer
Representations.
You represent and warrant that you are at least 18 years of age
and that you possess the legal right and ability to enter into
this Agreement. You agree to comply with your responsibilities
and obligations as stated in this Agreement.
7. Ownership .
a. All programs, services, processes, designs, software,
technologies, trademarks, tradenames, inventions and materials
comprising the PolyFAX Service are wholly owned by PolyTeQ Inc.
except where stated otherwise. This expressly includes printed
material produced by the PolyFAX software. Such material is
Copyright PolyFAX and may only be used for the express purpose of
communicating information to the PolyFAX service.
b. YOU FURTHER UNDERSTAND AND AGREE THAT PolyFAX MAY FROM TIME TO TIME NEED TO CHANGE THE TELEPHONE NUMBER ASSIGNED TO ITS FAX SERVERS (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN PolyFAX's CONTROL). YOU AGREE THAT PolyFAX WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE TELEPHONE NUMBER ASSIGNED TO ITS SERVERS, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF PolyFAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
8. No Warranties and
Limitation of Liability.
a. ALL PolyFAX SOFTWARE AND SERVICES ARE PROVIDED "AS
IS," AND PolyFAX MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS
OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR
OPERATION THEREOF. PolyFAX DOES NOT WARRANT THAT ACCESS TO OR USE
OF THE PolyFAX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT PolyFAX SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY. PolyFAX EXPRESSLY DISCLAIMS
ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
b. YOUR USE OF PolyFAX AND ALL PolyFAX SOFTWARE AND THE PolyFAX SERVICE 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 PolyFAX SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM PolyFAX. YOU AGREE THAT PolyFAX WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE PolyFAX OR ANY PolyFAX SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF PolyFAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU HEREBY RELEASE PolyFAX FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS WITH RESPECT TO THE USE OF THE PolyFAX SERVICE AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT. 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.
c. PolyFAX SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE PolyFAX's CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE RECIPIENT'S ELECTRONIC MAIL ADDRESSES, FAX MACHINES OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
d. IN PARTICULAR, YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF PolyFAX, IN EVALUATING THE PolyFAX SERVICES AND/OR PRODUCTS OF PolyFAX.
9. Indemnification.
You agree to indemnify PolyFAX from and against any and all
liabilities, expenses (including attorneys' fees) and damages
arising out of claims based upon use of your PolyFAX Service
account, including any violation of this Agreement by you or any
other person using your account, or any claim of libel,
defamation, violation of rights of privacy or publicity, loss of
service by other customers and infringement of intellectual
property or other rights.
10. Notices; Consent.
Notices given by PolyFAX to you will be given by electronic mail
or by a general posting on the PolyFAX World Wide Web site, or by
conventional mail. In any matter requiring PolyFAX's prior
consent, such consent will be considered given only if made in
the foregoing manner by an authorized representative of PolyFAX.
Notices given by you to PolyFAX must be given by electronic mail
or by conventional mail (subject, however, to PolyFAX's
verification procedures, as may be established by PolyFAX from
time to time in its sole discretion, and which may include the
requirement that you contact PolyFAX by phone so as to confirm
that any such notice was in fact sent by you). Notices to PolyFAX
by conventional mail must be sent to PolyTeQ, Inc., c/o P O Box
1118, New York NY 10113, U.S.A.
11. Effective Date;
Changes to Terms.
This Agreement takes effect on the date on which you first use
the PolyFAX Service and continues until your PolyFAX Service
account is terminated either by you or by PolyFAX. PolyFAX
RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY
POSTING CHANGES ON THE PolyFAX WORLD WIDE WEB SITE. YOU ARE
RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ON THIS
SITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR
NON-TERMINATION OR CONTINUED USE OF THE PolyFAX SERVICE AFTER
CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT
AS MODIFIED BY THE POSTED CHANGES.
12. Governing Law,
Etc.
THE LAWS OF THE STATE OF NEW YORK, U.S.A., EXCLUDING ITS
CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE
PolyFAX SOFTWARE AND SERVICE, AND YOU EXPRESSLY AGREE THAT
EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE
USE OF THE PolyFAX SOFTWARE OR SERVICES RESIDES IN THE COURTS OF
THE STATE OF NEW YORK, U.S.A. IF ANY PART OF THIS AGREEMENT IS
HELD INVALID OR UNENFORCEABLE, THAT PORTION SHALL BE CONSTRUED TO
REFLECT THE PARTIES' ORIGINAL INTENT, AND THE REMAINING PORTIONS
REMAIN IN FULL FORCE AND EFFECT. THIS AGREEMENT CONSTITUTES THE
ENTIRE AGREEMENT BETWEEN PolyFAX AND YOU WITH RESPECT TO YOUR USE
OF PolyFAX, THE PolyFAX SERVICE, AND YOUR PolyFAX ACCOUNT, AND IT
SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND
PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN PolyFAX AND YOU WITH
RESPECT THERETO.