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Outfax.com Terms of Use
AGREEMENT BETWEEN YOU AND Outfax.com
Last Updated: June 2003
Welcome to Outfax.com ("Outfax") web site at http://www.outfax.com/ ("Web Site"). Outfax provides its services through the Web Site to you subject to the following Terms of Use ("TOU"). Please read the following TOU carefully because it is a binding agreement between you and Outfax in relation to your use of any service or material provided on the Web Site. USING THE WEB SITE REPRESENTS THAT YOU ASSENT TO THE STATED TOU. Outfax may revise the TOU at any time and from time to time. Please review the TOU periodically by clicking to the TOU link on the home page of the Web Site because the TOU may be modified and the modified TOU will be binding on you and Outfax effective immediately following the publication of the modified TOU. Your continued use of the Web Site constitutes (1) an affirmative acknowledgement by you of this TOU and its modification; and (2) agreement by you to abide and be bounded by this agreement ("Agreement") and its modifications.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site, you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site (or the network(s) connected to the Web Site) or interfere with any other party's use and enjoyment of the Web Site. You may not attempt to gain unauthorized access to the Web Site, computer systems or networks connected to the Web Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site.

USE OF MATERIALS AND SERVICES
The Web Site may contain fax service and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Publish, or otherwise make available, faxes that contain images, photographs or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through the Web Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Web Site's or another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses and phone numbers.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
Outfax has no obligation to monitor the Communication Services. However, Outfax reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Outfax reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Outfax reserves the right at all times to disclose any information as Outfax deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Outfax's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Outfax does not control or endorse the content, messages or information found in any Communication Service and, therefore, Outfax specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download and/or receive the materials.

The contents of this Web Site, such as text, graphics, images, software, music, sound, photographs, video, and other material ("Material"), are protected by copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. Please retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. Unless otherwise provided on the Web Site, it is not permitted to sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Special rules may apply to the use of certain software, materials and other services provided on the Web Site. Any such special rules are listed on the applicable pages of this Web Site and are incorporated into this Agreement by reference. Unless expressly stated otherwise, any new features that augment or enhance the current Communication Services shall be subject to the TOU. In order to use the Material and Communication Services, you must provide all equipments necessary to establish a connection to the Web Site and pay any service fees associated with such connection.

LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEB SITE AND TO THE INFORMATION THEREIN. OUTFAX AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IN NO EVENT SHALL OUTFAX, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUTFAX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT OUTFAX SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH COMMUNICATION SERVICE. YOU SPECIFICALLY AGREE THAT OUTFAX IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT OUTFAX IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES.