AcePacket Communications Inc.
may use e-mail addresses you provide us online on AcePacket sites to send you e-mail related to AcePacket products and services or if you have affirmatively indicated a desire to receive additional information. If at any time, you would prefer not to receive further e-mail communications at that e-mail address, please contact Customer Service through the toll free number or e-mail address on your invoice.
These Terms of Service constitute the agreement ("Agreement") between AcePacket Communications Inc. ("we," "us" or "AcePacket") and the user ("you," "user" or "Customer") of AcePacket's residential and small business communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. If you purchased Equipment from a retail store, dealer or other provider other than AcePacket, you are a "Retail Customer" for purposes of this Agreement. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1- AcePacket Services:
a. AcePacket includes but is not limited to: (i) a personal local or toll-free telephone number (together with remote (i.e., non-toll-free and non-local) telephone numbers, "AcePacket Numbers") that provides for the delivery of faxes to electronic mail ("email"); and (ii) outbound faxing from email or from the AcePacket Website.
2. AcePacket Service Usage: The terms of use for AcePacket vary depending upon whether the Customer has received a toll-free or local (e.g., non-toll-free) AcePacket Number, as described below:
a. Plus Non-Toll-Free Service Usage.
As a Non-Toll Free Service Customer, you will receive a local AcePacket Number from which you may receive in your email a set amount of faxes based on the service package you choose. HOWEVER, SUCH USE IS SUBJECT TO AcePacketís "FAIR USE" POLICY. UNDER THIS POLICY, IF AT ANY TIME, IN AcePacketĒS SOLE DISCRETION, YOUR USE EXCEEDS THE LEVEL OF USE REASONABLY EXPECTED FROM SOMEONE USING THIS SERVICE FOR INDIVIDUAL USE, THEN AcePacket RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR AcePacket ACCOUNT WITHOUT PRIOR NOTICE (PROVIDED THAT AcePacket WILL ATTEMPT TO CONFIRM SUCH TERMINATION OR SUSPENSION BY SUBSEQUENT NOTICE). IN SUCH EVENT, A AcePacket REPRESENTATIVE WILL ATTEMPT TO CONTACT YOU AND ESTABLISH A REASONABLE USAGE CHARGE THAT WILL PERMIT YOU TO CONTINUE YOUR USE OF THIS SERVICE
b. AcePacket Toll-Free Service Usage.
As a Toll-Free Customer, you will receive a toll-free AcePacket Number from which you may receive faxes in your email. You will be charged a usage fee (as set forth by AcePacket) based on the number of pages so received.
3. Privacy Policy:
AcePacket is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, a current copy of which is available at http://www.acepacket.com
If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our Customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use Customers' personally identifiable information in a manner different from that stated at the time of collection we will notify Customers via email. Customers will have a choice as to whether or not we use their information in this different manner. However, if Customers have opted out of all communication with AcePacket, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect Customer information already stored in our database, we will post a prominent notice on our Web site notifying Customers of the change. In some cases where we post a notice we will also email Customers, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
4. Customer Responsibilities:
You are fully responsible for the contents of your transmissions through the Services. AcePacket simply acts as a passive conduit for you to send and receive information of your own choosing. However, AcePacket reserves the right to take any action with respect to the Services that AcePacket deems necessary or appropriate in its sole discretion if AcePacket believes you or your information may create liability for AcePacket, compromise or disrupt the Services for you or other Customers, or cause AcePacket to lose (in whole or in part) the services of AcePacket ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with Canada law regarding the transmission of technical data exported from the Canada through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services. You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use AcePacket Services; (b) maintain any security of your Customer identification, and other confidential information relating to your AcePacket account and; (c) be responsible for all charges resulting from use of your AcePacket account, including unauthorized use prior to your notifying AcePacket of such use and taking steps to prevent its further occurrence.
5. Termination:
Either you or AcePacket may terminate your AcePacket account at any time, with or without cause, upon notice. Any such notice by you to AcePacket must be in accordance with AcePacketíS verification procedures, as such procedures may be established and changed by AcePacket from time to time in its sole discretion, and which may include the requirement that you contact AcePacket by phone to confirm that any such notice was in fact sent by you. AcePacket also reserves the right to terminate or suspend your AcePacket account without prior notice, provided that AcePacket will attempt to confirm such termination or suspension by subsequent notice.
6. Customer Representations:
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of AcePacket (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
7. Modifications to Customer Agreement:
AcePacket may automatically amend this Agreement at any time by (a) posting a revised AcePacket Customer Agreement by sending information regarding the amendment to the email address you provide to AcePacket. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE AcePacket SERVICES. AFTER SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and AcePacket.
8. Modifications to Services:
AcePacket reserves the right to modify or discontinue any of the Services with or without notice to you. AcePacket shall not be liable to you or any third party should AcePacket exercise its right to modify or discontinue the Services.
9. Disclaimer of Warranties and Limitation of Liability:
a. AcePacket AND ALL OTHER AcePacket ANY AcePacket SERVICES ARE PROVIDED "AS IS," AND NEITHER AcePacket NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. AcePacket DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AcePacket AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
b. YOUR USE OF AcePacket AND ITS SERVICES 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 OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM AcePacket. YOU AGREE THAT NEITHER AcePacket NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE AcePacket OR ANY OTHER AcePacket SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF AcePacket OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF AcePacket AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF AcePacket AND ANY OTHER AcePacket SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICES. YOU HEREBY RELEASE AcePacket AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. 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. NEITHER AcePacket NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF AcePacket 'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF AcePacket, IN EVALUATING THE AcePacket SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF AcePacket.
10. Charges:
a. You agree to pay all charges for your use of AcePacket Services at the prices then in effect for your country of residence. All charges will be exclusive of sales or other taxes, except as required by law. AcePacket reserves the right to change prices or institute new charges for access to or use of AcePacket. All changes will be sent to Customer and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of AcePacket Services or non-termination of your AcePacket account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
b. Payment of your AcePacket account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for AcePacket use and transactions. If your AcePacket account is a qualified business account and is approved by AcePacket for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
c. Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your AcePacket account is by credit card and payment is not received by AcePacket from the card issuer or its agents, you agree to pay all amounts due upon demand by AcePacket. Each time you use AcePacket Services, or allow or cause AcePacket Services to be used, you agree and reaffirm that AcePacket is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with AcePacket, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that AcePacket may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that AcePacket may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
d. Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that AcePacket may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with AcePacketís verification procedures, as may be established by AcePacket from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before AcePacket reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact AcePacketís billing@acepacket.com within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by AcePacket in accordance with this Agreement.
e. For non-toll free AcePacket Customers, you will incur charges in addition to the minimum monthly charge if you receive a number of pages through your AcePacket account in excess of that permitted by our Fair Use Policy described in paragraph 2.a. above. You agree that AcePacket may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of AcePacket), without further authorization from you, until you provide prior notice (in accordance with AcePacketís verification procedures, as may be established by AcePacket from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before AcePacket reasonably could act on your notice. If you are using AcePacket Services from certain locations, you may also incur charges levied by your Internet service provider, online service provider and/or long distance carrier to access AcePacket.
f. You must promptly notify AcePacket of changes to: (a) the account number or expiration date of your designated card; and (b) your billing address. You must also promptly notify AcePacket if your card is canceled (e.g., for loss or theft).
11. Payment:
AcePacket reserves the right to suspend or terminate your AcePacket account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to AcePacket when AcePacket believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to AcePacket.
12. Ownership:
a. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the AcePacket Service are wholly owned by AcePacket and/or its licensors and service providers except where expressly stated otherwise.
b. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY AcePacket NUMBER ASSIGNED TO YOU BY AcePacket. OWNERSHIP OF ANY SUCH AcePacket NUMBER IS VESTED SOLELY IN AcePacket (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR AcePacket ACCOUNT FOR ANY REASON, SUCH AcePacket NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT AcePacket WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF AcePacket HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
c. YOU FURTHER UNDERSTAND AND AGREE THAT AcePacket MAY FROM TIME TO TIME NEED TO CHANGE THE AcePacket NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN AcePacketís CONTROL). YOU AGREE THAT AcePacket WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE AcePacket NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF AcePacket HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
d. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE AcePacket NUMBER ASSIGNED TO YOU BY AcePacket AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE AcePacket THE RIGHT TO IMMEDIATELY TERMINATE YOUR AcePacket ACCOUNT WITHOUT NOTICE.
13. Indemnification:
You agree to indemnify AcePacket and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your AcePacket account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.
14. No Resale Of The Services:
Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.
15. Participation In Promotions Of Advertisers:
You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. AcePacket assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
© AcePacket Inc. 2010, All Rights Reserved
Privacy Policy Terms Of Use
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