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Terms of Service
1. ACCEPTANCE OF TERMS
When using Communicate & Control Ltds services, you agree to be bound by all
of the following terms and conditions (the "Terms of Service"),
which may be updated by us from time to time without notice to you. You
also agree to be bound by any terms incorporated into this agreement by
MyOwnFax, which may from time to time be changed without notification.
2. DESCRIPTION OF SERVICE
Communicate & Control Ltd provides users with Internet based unified
messaging services (the "Service"), including, but not limited
to, email, voicemail, and fax. The Service provides users with a national
rate phone number. Users can receive faxes on these national rate numbers
to be delivered to the users e-mail address. Please refer to our web site
at www.myownfax.comfor a complete list of service offerings and products.
3. REGISTRATION OBLIGATIONS
In consideration of the use of the Service, you agree to: (a) provide
true, current, accurate and complete information as prompted by the registration
form; and (b) maintain and update this information as required to keep
it current, complete and accurate. If any information provided by you
is inaccurate, not current or incomplete, Communicate & Control Ltd retains
the right to suspend or terminate your enrollment and rights. Furthermore,
you acknowledge that you are responsible for maintaining the confidentiality
of your account and login password. You are responsible for all uses of
your account, whether or not actually or expressly authorised by you.
4. MEMBER CONDUCT
You may be either an individual or a corporation or business entity, but
you agree not to resell the use of the Service without our permission.
You agree to be solely responsible for the content of your transmissions
through the Service. You acknowledge that Communicate & Control Ltd simply
acts as a passive conduit for the distribution and transmission of data.
Your use of the Service is subject to all applicable local, national and
international laws and regulations. Furthermore, you agree to abide by
all rules and regulations described in the Postings section of the Communicate & Control Ltd web site, and you recognise that violation of any such rules
and regulations shall be cause for termination of your account at the
discretion of Communicate & Control Ltd without notice to you. You agree not
to:
use the Service in connection with chain letters, junk email, spamming
or any duplicative or unsolicited messages;
harvest or otherwise collect information about others, including email
addresses, without their consent;
create a false identity or forged email address or fax header, or otherwise
attempt to mislead others as to the identity of the sender or the origin
of the message;
transmit through the Service unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind
or nature;
transmit any material that may infringe the intellectual property rights
or other rights of third parties, including trademark, copyright or right
of publicity;
transmit any material that contains viruses, trojan horses, worms, time
bombs, cancelbots, or any other harmful or deleterious programs;
violate any U.K or U.S law regarding the transmission of technical data
or software exported from the United Kingdom through the Service;
interfere with or disrupt networks connected to the Service or violate
the regulations, policies or procedures of such networks;
attempt to gain unauthorised access to the Service, other accounts, computer
systems or networks connected to the Service, through login password mining
or any other means; or
interfere with another member's use and enjoyment of the Service or another
entity's use and enjoyment of similar services.
5. GENERAL PRACTICES REGARDING USAGE AND STORAGE
You acknowledge that Communicate & Control Ltd may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that messages will be retained, the maximum
number of messages that may be sent from or received by an account on
the Service, the maximum disk space that will be allotted on Communicate & Control Ltds servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Service, in a
given period of time. You agree that Communicate & Control Ltd has no responsibility
or liability for the deletion or failure to store any messages and other
communications maintained or transmitted by the Service. You acknowledge
that Communicate & Control Ltd reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that
Communicate & Control Ltd reserves the right to change these general practices
and limits at any time, in our sole discretion, with or without notice.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Communicate & Control Ltd 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 PURPOSE AND NON-INFRINGEMENT.
Communicate & Control Ltd MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DOES Communicate & Control Ltd 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 COMMUNICATIONS OR TRANSMISSIONS, OR THE
ACCURACY OF ANY TRANSLATION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. Communicate & Control Ltd MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE. Communicate & Control Ltd ASSUMES NO RESPONSIBILITY
FOR THE DELETION OR FAILURE TO STORE MESSAGES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Communicate & Control Ltd OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL Communicate & Control Ltd OR ITS SUPPLIERS BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF Communicate & Control Ltd 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.
8. INDEMNIFICATION
You agree to indemnify and hold Communicate & Control Ltd, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand or
damage, including reasonable legal fees, made by any third party due to
or arising out of your use of or conduct on the Service.
9. TERMINATION
Communicate & Control Ltd may terminate the Service with or without cause at
any time. By way of example, and not as a limitation, Communicate & Control Ltd may terminate your account for lack of use, if Communicate & Control Ltd
believes you have violated the letter or spirit of the Terms of Service,
or if Communicate & Control Ltd decides, in its sole discretion, to discontinue
offering the Service. Upon termination of the Service, your right to use
the Service immediately ceases. Communicate & Control Ltd shall have no obligation
to maintain any content in your account or to forward any unread or unsent
messages to you or any third party. You agree that any termination of
your access to the Service may be effected without prior notice.
10. PROPRIETARY RIGHTS
You acknowledge that content, including, but not limited to text, software,
music, sound, photographs, video, graphics or other material contained
in sponsor advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws.
YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY TELEPHONE
NUMBER ASSIGNED TO YOU BY Communicate & Control Ltd. OWNERSHIP OF ANY SUCH
PHONE NUMBER IS VESTED SOLELY IN Communicate & Control Ltd . YOU UNDERSTAND
AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR Communicate & Control Ltd
ACCOUNT FOR ANY REASON, SUCH PHONE NUMBER MAY BE RE-ASSIGNED IMMEDIATELY
TO ANOTHER CUSTOMER.YOU AGREE THAT Communicate & Control Ltd WILL NOT BE LIABLE
FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF
ANY SUCH REASSIGNMENT, EVEN IF Communicate & Control Ltd HAS BEEN ADVISED OF
THE POSSIBLITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACTUAL, TORT OR
OTHER GROUNDS.
YOU FURTHER UNDERSTAND AND AGREE THAT Communicate & Control Ltd MAY FROM TIME
TO TIME NEED TO CHANGE THE TELEPHONE NUMBER ASSIGNED TO YOU (WHETHER DUE
TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN Communicate & Control Ltds CONTROL). YOU AGREE THAT Communicate & Control Ltd WILL NOT BE
LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING
OUT OF ANY SUCH CHANGE, EVEN IF Communicate & Control Ltd HAS BEEN ADVISED
OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACTUAL, TORT
OR OTHER GROUNDS.
11. GENERAL TERMS
These Terms of Service will be governed by and construed in accordance
with the laws of the Unlited Kingdom, without giving effect to its conflict
of laws provisions or your actual state or country of residence. Both
you and Communicate & Control Ltd submit to personal jurisdiction in the UK..
If any provision of the Terms of Service is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
Communicate & Control Ltds failure to act with respect to a breach by you
or others does not waive our right to act with respect to subsequent or
similar breaches. The section titles in the Terms of Service are for convenience
only and have no legal or contractual effect.
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