Terms and Conditions

The information contained in this Site (hereafter referred to as the “Fax2China”) including all text, images, illustrations, designs, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Smart Internet Faxing Inc or are the property of their respective owners. Any actual person may use the Site to send faxes, each fax not to exceed nine (15) pages in length (including the cover page.) and not to exceed 10MBs in size (hereafter referred to as the “Services”). You may use the Services as part of your personal or business correspondence.



NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Fax2China server, or the network(s) connected to any Fax2China server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Fax2China server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name Fax2China or any other trade name or trade mark of Fax2China without express, prior permission, and you will not obstruct the identification procedures used by Fax2China in the services.

You represent that the information submitted for transmission via the Fax2China network for Fax2China services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, faxing, telemarketing, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data.

You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that Fax2China is not the author or publisher of any content and Fax2China does not rent or sell lists of any kind. Fax2China simply acts as a passive conduit for you to send and receive information of your own choosing.

Fax2China does not:
○ Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
○ Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account,
○ Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party's copyright or other intellectual property right.
○ Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.

Fax2China reserves the right at all times to disclose any information as Fax2China deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Fax2China reserves the right but is not obligated to review the content of any of your messages for compliance with these terms and other legal requirements and may unilaterally terminate this agreement for any such prohibited and unlawful use.. Fax2China further reserves the right to take any other action with respect to the Services that Fax2China deems necessary or appropriate in its sole discretion if Fax2China believes you or your information may create liability for Fax2China or others, compromise or disrupt the Services for you or other Customers, or cause Fax2China to lose (in whole or in part) the services of Fax2China's ISPs or other suppliers.

You agree to indemnify and hold Fax2China and its agents harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including any attorney's fees and expenses) arising out of your use of the services, your violation of the terms of this agreement, and the delivery of any of your messages and documents using the services, or the infringement of any trademark or copyright by you.


DISCLAIMER OF WARRANTY

THE SERVICES ARE PROVIDED 'AS IS' AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. Fax2China FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICE OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE TITLE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY Fax2China WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, AND SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON Fax2China.

NEITHER Fax2China NOR ANY OF ITS PARTNERS AFFILIATES OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF Fax2China's OR ANY SUCH PARTNER'S, AFFILIATE'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION OR MISDIRECTION OF FAX VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES, DATA STORAGE AND/OR DELIVERY SERVICES.


DISCLAIMER OF LIABILITY

The aggregate liability of Fax2China, it's parent, subsidiaries or affiliates, whether for tort (including negligence), breach of contract (including fundamental breach or failure of an essential purpose), misrepresentation or otherwise in respect of a single occurrence or a series of occurrences, shall in no circumstances exceed the amounts paid by Customer to Fax2China with respect to the Service giving rise to the claim. IN NO EVENT SHALL Fax2China, ITS LICENSORS OR THE PARENT, SUBSIDIARIES OR AFFILIATES OF ANY OF THEM BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY CUSTOMER OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING WITHOUT LIMITATION, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE OF THE INTERNET OR Fax2China's INTERNET SERVICE PROVIDER, OR DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF Fax2China HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.


PRIVACY POLICY

Any personal information you provide to us shall be handled according to Fax2China's privacy policy.


TERMS AND CONDITIONS REVISIONS

Smart Internet Faxing Inc may revise these terms and conditions by updating this posting. You agree that in the event any portion of these terms and conditions are found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound.