APPLICATION LICENSE TERMS AND PRIVACY POLICY

Customer Agreement

Effective September 1, 2011 for current users, and upon acceptance for new users.

This Agreement is between you ("you" or "your"), as an authorized user of the Services (as defined below), and j2 Global Communications, Inc. ("j2 US"), a Delaware corporation, and/or j2 Global Ireland Limited ("j2 Ireland"), an Irish corporation (each, "j2 Global"), as specified in the following paragraph, and governs the terms and conditions of your use of the Services. By using the Services, you further confirm your acceptance of and agree to be bound by this Agreement.

Your Services are provided to you and you are legally a customer of (i) j2 US if you are issued a Service telephone number that is local to the U.S. or Latin America and (ii) j2 Ireland if you are issued a Service telephone number that is outside of the U.S. and Latin America. You will receive your billing statements, however, from j2 US if you reside in the U.S. or Latin America and from j2 Ireland if you reside outside of the U.S. and Latin America.

This Agreement includes the terms of this Customer Agreement together with any operating rules, policies, price schedules or other supplemental documents expressly incorporated herein by reference and published from time to time by j2 Global. This Agreement constitutes the entire agreement between j2 Global and you regarding the Services, and supersedes all prior oral and written communications and agreements between you and j2 Global regarding the subject matter of this Agreement. However, your use of any software provided by j2 Global related to the Services shall be pursuant to a separate agreement governing use by you of such software.

For purposes of this Agreement, the "Services" include the eFax® service and all other services described in this Agreement which are provided by j2 Global to you either now or in the future.

For Canadian Customers: Please note that when you place an order to purchase on the eFax Website (as defined herein), it constitutes an offer to purchase and remains subject to j2 Global's acceptance. Goods or services listed or described on the eFax® Website constitute an invitation to make an offer to purchase.

If you begin but fail to complete the sign up process for the Services, j2 Global may contact you in an effort to help you sign up for the Services or another service of j2 Global or its affiliates. You hereby authorize j2 Global and its affiliates to make such contact, even if you ultimately determine not to sign up for any j2 Global or affiliate service.

Contents

  1. Services Description.
  2. eFax Service Usage Terms.
  3. Fax Storage.
  4. Searchable Faxes.
  5. Email Capabilities.
  6. Large File Send.
  7. Multiple Service Discount.
  8. Privacy Policy.
  9. Customer Responsibilities.
  10. Unsolicited Fax Advertisement/Spam Drop-Box Policy.
  11. Termination.
  12. Customer Representations.
  13. Modifications to Customer Agreement.
  14. Modifications to the Services.
  15. Member Account, PIN/ Password and Security.
  16. Disclaimer of Warranties and Limitation of Liability.
  17. Charges.
  18. Termination for Non-Payment.
  19. Ownership.
  20. Rules Regarding eFax Numbers.
  21. Indemnification.
  22. No Resale Of The Services.
  23. Participation In Promotions Of Advertisers.
  24. Notices; Consent.
  25. General Terms.
  26. Other Copyrights/ Ownership.
  27. Legal Notices.

1. Services Description.

j2 Global offers the Services at its website (together with other websites owned and operated by j2 Global, the "eFax Website"). Individually, the Services are:

  • eFax Pro™ is designed for higher volume Internet fax use and includes but is not limited to: (i) a personal geographical or toll-free telephone number (an "eFax Number") that provides for the delivery of faxes and voicemail messages to email, the eFax® Website or software applications provided by j2 Global; and (ii) outbound faxing from email, the eFax Website or software applications provided by j2 Global.
  • eFax Plus® includes but is not limited to: (i) an eFax Number that provides for the delivery of faxes and, optionally, voicemail messages to email, the eFax® Website or software applications provided by j2 Global in volumes greater than the eFax Free service described below; and (ii) outbound faxing from email, the eFax Website or software applications provided by j2 Global.
  • eFax Free® includes but is not limited to a geographic, remote eFax Number that provides for the delivery of a limited number of faxes to email, the eFax® Website or software applications provided by j2 Global.
  • Various other services and features included in the eFax Pro™, eFax Plus® and eFax Free® services as described further in this Agreement.

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2. eFax Service Usage Terms.

(a) Usage terms for the various tiers of eFax service are as follows:

(1) eFax Pro:

If you registered for the eFax Pro service on or after May 31, 2011:

You may receive up to 200 fax pages (inbound) and may send up to 200 fax pages (outbound) within any thirty (30) day period, regardless of whether you are issued a local or a toll-free eFax Number. Faxes received in excess of the inbound 200 page limit are charged at $0.10 (or the local currency equivalent) per page and faxes sent in excess of the outbound 200 page limit are charged at the applicable per page rate listed at the eFax Website. See paragraph (b) below for the definition of an outbound fax page.

If you registered for the eFax Pro service prior to May 31, 2011:

If you were issued a local (non-toll free) eFax Number, you may receive up to 200 fax pages (inbound) within any thirty (30) day period. Faxes received in excess of the inbound 200 page limit are charged at $0.10 (or the local currency equivalent) per page. Faxes sent (outbound) are charged at the applicable per page rate listed at the eFax Website starting with the first page sent. See paragraph (b) below for the definition of an outbound fax page.
If you were issued a toll free eFax Number, you will be charged $0.20 (or the local currency equivalent) per page received (inbound) starting with the first page received and will be charged the greater of $0.20 or the applicable per page rate listed at the eFax Website for each page sent (outbound) starting with the first page sent. See paragraph (b) below for the definition of an outbound fax page.

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(2) eFax Plus:

If you registered for the eFax Plus service on or after May 31, 2011:

You may receive up to 150 fax pages (inbound) and may send up to 150 fax pages (outbound) within any thirty (30) day period, regardless of whether you are issued a local or a toll-free eFax Number. Faxes received in excess of the inbound 150 page limit are charged at $0.10 (or the local currency equivalent) per page and faxes sent in excess of the outbound 150 page limit are charged at the applicable per page rate listed at the eFax Website. See paragraph (b) below for the definition of an outbound fax page.

If you registered for the eFax Plus service prior to May 31, 2011:

If you were issued a local (non-toll free) eFax Number, you may receive up to 130 fax pages (inbound) and may send up to 30 fax pages (outbound) within any thirty (30) day period. Faxes received in excess of the inbound 130 page limit are charged at $0.15 (or the local currency equivalent) per page and faxes sent in excess of the outbound 30 page limit are charged at the applicable per page rate listed at the eFax Website. See paragraph (b) below for the definition of an outbound fax page.
If you were issued a toll free eFax Number, you will be charged $0.20 (or the local currency equivalent) per page received (inbound) starting with the first page received and will be charged the greater of $0.20 or the applicable per page rate listed at the eFax Website for each page sent (outbound) starting with the first page sent. See paragraph (b) below for the definition of an outbound fax page.

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(b) Definition of Outbound Fax Page and Associated Outbound Terms:

Most fax pages take less than sixty (60) seconds to transmit. However, for each outbound transmission, the number of pages sent is calculated based on the greater of the actual number of pages or the number of full and partial 60-second increments of transmission or connection time, whether or not the transmission occurs or is completed (such as instances when someone answers the call or transmission is interrupted before completion). For example, a one page fax with a transmission duration of 30 seconds is recognized as one page and a one page fax with a transmission duration of one minute and six seconds is recognized as two pages.
The number of outbound fax pages referenced in paragraph (a) of this Section 2 as included in the tiers of eFax service is administered by applying a monthly outbound usage credit to your account and assumes that each outbound page is sent to a destination with an applicable per page rate of $0.10 (or the local currency equivalent). Therefore, your number of included outbound fax pages for a given thirty (30) day period may be less than the number specified for your tier of eFax service referenced in paragraph (a) of this Section 2 if you send to destinations with applicable per page usage rates in excess of $0.10 per fax page. For example, if your service tier includes 30 outbound fax pages per thirty (30) day period, then an outbound service credit of $3.00 (or the local currency equivalent) will be applied to your account. If you send a 5 page fax to a destination with an applicable per page usage rate of $0.10, then your usage credit will decrease by $0.50 to $2.50. If you then send a 5 page fax to a destination with an applicable per page usage rate of $0.20, then your usage credit will decrease by an additional $1.00 to $1.50.
Unused inbound or outbound Services credits are valid in the month issued and expire at the conclusion of each applicable thirty (30) day period. Inbound or outbound Services credits have no cash value. Such credits do not roll over to the next thirty (30) day period, and you will receive no cash refund in the event any unused inbound or outbound Services credits remain in your account upon termination or closure of your account.

(3) eFax Free Service Usage Terms:

You may receive up to 10 fax pages (inbound) within any thirty (30) day period. Your eFax Number is not local to your location and is selected by j2 Global® in its discretion. You will not be able to select or change your eFax Number unless you upgrade to an eFax Pro or eFax Plus account.
j2 Global provides the eFax Free service as an accommodation to you, and reserves the right to terminate your eFax Free service at any time without notice.
In the event you receive more than ten (10) fax pages in any thirty (30) day period, j2 Global, in its sole discretion, may offer to upgrade you to an eFax Pro or eFax Plus account or may terminate or suspend your eFax Free account with or without notice. Any failure by j2 Global to enforce the eFax Free fax page limit will not preclude j2 Global from later enforcing such limit, whether for past or current activity.
Unused inbound Services credits are valid in the month issued and expire at the conclusion of each applicable thirty (30) day period. Inbound Services credits have no cash value. Such credits do not roll over to the next thirty (30) day period, and you will receive no cash refund in the event any unused inbound Services credits remain in your eFax Free account upon termination or closure of your eFax Free account.
The eFax Free fax page limitations may not be applicable with respect to eFax Numbers located in the following countries with the following prefixes and any other eFax Numbers as determined by j2 Global in its discretion:

  1. Austria: (0) 820.
  2. Belgium: (0) 70.
  3. France: (0) 820, (0) 821, (0) 825 or (0) 0826.
  4. Germany: (0) 1805.
  5. Ireland: (0) 818.
  6. Italy: (0) 199.
  7. Netherlands: (0) 84.
  8. United Kingdom: (0) 70

Each customer, whether an individual or company, is limited to a single eFax Free account. If you or your company desire more than one eFax Number, then you must, and you agree to, upgrade to an eFax Pro or eFax Plus account.
Notwithstanding our Privacy Policy, j2 Global has the right to disclose your email address to the owner of the website domain associated with your email address in order to monitor compliance with and enforce the eFax Free service limitations. In addition, j2 Global is permitted to audit your use of the eFax Free service and any associated software by providing no less than five (5) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours. If j2 Global ultimately determines, in its sole discretion and whether or not it has conducted an audit, that you have violated the foregoing limitations on the eFax Free service or any associated software, j2 Global reserves the right to immediately terminate or suspend your Services. You agree to pay j2 Global the amount you would have been required to pay for eFax Plus during the period of your non-compliance with the eFax Free service limits specified herein, plus j2 Global's cost of conducting any audits that, in j2 Global's sole discretion, reveal non-compliance.

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3. Fax Storage.

While your account is active, fax messages received via your eFax Number will be stored and displayed in your eFax Message Center. If you are subscribed to the eFax Pro or eFax Plus service, you may choose to disable this feature by adjusting your user preferences. If you are subscribed to the eFax Free service, storage is limited to thirty (30) days after the fax is received.

Regardless of your level of service, you acknowledge that j2 Global may cease offering this feature or change its practices and/or limitations concerning this feature at anytime, including, without limitation, changing the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time and the maximum storage space allotted on j2 Global's servers on your behalf. You further agree that j2 Global has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the storage or deletion of any faxes.

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4. Searchable Faxes.

If your eFax Number is located in the U.S. or Latin America, j2 Global will scan, perform optical character recognition and index the text of fax messages received via your eFax Number. The indexed text of these faxes will be searchable in your eFax Message Center (unless you disable this feature in your user preferences) for as long as the faxes are stored there. You acknowledge that j2 Global may cease offering this feature or change its practices and/or apply limitations concerning this feature at anytime. You further agree that j2 Global has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the searching or indexing of or failure to search or index any faxes.

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5. Email Capabilities.

If your eFax Number is located in the U.S. or Latin America, you will receive a free email account, which can be accessed online through the eFax Message Center and is subject to the terms of use located at

If you are an eFax Pro or eFax Plus customer, your email service will include greater storage than accounts issued to eFax Free subscribers and will also include spam filtering and virus scanning which is not offered to email accounts issued to eFax Free subscribers.

You acknowledge and agree that j2 Global has no responsibility or liability whatsoever for your use of this email feature and that j2 Global may discontinue or change the terms under which this email feature is provided to you at any time, including, without limitation, changes in the maximum size of emails that may be received, changes in the maximum storage space available for email storage and changes to or elimination of spam filtering or virus scanning.

By using this feature, you acknowledge and agree: (i) to assume sole responsibility for the content of any emails transmitted; and (ii) to assume any liability arising from your transmission of, and/or any third party’s receipt of, your emails.

j2 Global disclaims any liability or responsibility for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to: an error in the email transmission or receipt process; deletion of or failure to store any emails; non-receipt of emails; broken or non-functional links to emails; any viruses received through this feature.

In the event that j2 Global, in its sole discretion, determines or suspects that any emails sent or received through this feature constitute, or may give rise to, a violation of any law or regulation or this Agreement, or you are otherwise in breach of any provision of this Agreement, j2 Global reserves the right to remove your emails and/or to deactivate links to emails without further notice to you.