MetroFax Terms of Service

METROFAX TERMS OF SERVICE

CUSTOMER RESPONSIBILITIES

FEES

TERMINATION

RETURN POLICY

DEFECTIVE PRODUCT

PRIVACY POLICY

SECURITY

PROHIBITED USES AND ACTIVITIES

1. undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;
2. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
3. access any other person's computer or computer system, software, fax machine or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts;
4. use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning, for any reason, is strictly prohibited;
5. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;
6. copy, distribute, or sublicense any software provided in connection with the Service by MetroFax or any third party, except that you may make one copy of each software program for back-up purposes only;
7. restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information;
8. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any MetroFax (or MetroFax supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any MetroFax (or MetroFax supplier) facilities used to deliver the Service;
9. resell the Service or otherwise make available to anyone outside the premises the ability to use the Service (i.e. Wi-Fi, or other methods of networking), in whole or in part, directly or indirectly, or on a bundled or unbundled basis. You agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose, or as an end-point on a non-MetroFax local area network or wide area network. However, such use is permissible with the express written permission of MetroFax;
10. transmit unsolicited bulk messages, transmit bulk commercial messages consented to or not that in MetroFax’s sole discretion imposes an unreasonable or disproportionately large load on MetroFax’s ability to provide or maintain its normal capacity for the Service, or transmit “spam.” This includes, but is not limited to, unsolicited advertising, unsolicited email faxing, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
11. send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat service;
12. distribute programs that remove locks or time-outs built into software (cracks);
13. initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;
14. participate in the collection of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
15. collect responses from unsolicited messages;
16. impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;
17. service, alter, modify, or tamper with the MetroFax Equipment or Service or permit any other person to do the same who is not authorized by MetroFax;
18. collect, or attempt to collect, personal information about third parties without their consent;
19. interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host;
20. violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access; and
21. any other use that MetroFax has a good faith reason to believe may create liability for MetroFax or compromise or disrupt the Services for you or other Customers.

OWNERSHIP

LIMITED LICENSE TO USE; LIMITATION OF TRANFER RIGHTS

EXPORT CONTROL

CUSTOMER OF RECORD FOR ASSIGNED METROFAX NUMBERS

LIMITATION OF LIABILITIES

PORTING POLICY

1. Telephone Numbers Ported In
   IF YOU "PORTED IN" ANY TELEPHONE NUMBER(S) IN CONNECTION WITH YOUR USE OF SERVICES, OR YOU ARE ENTITLED TO "PORT OUT" A TELEPHONE NUMBER UNDER NON-US LAW, YOU MAY "PORT OUT" SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT IF, AND ONLY IF, YOU SATISFY THE FOLLOWING REQUIREMENTS:
   1. YOU PROVIDE WRITTEN NOTICE TO METROFAX OF YOUR INTENTION TO "PORT OUT" SUCH TELEPHONE NUMBER(S) OR THE NUMBER(S) YOU PORTED IN ASSOCIATED WITH THE TERMINATED ACCOUNT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR ACCOUNT (THE "PORTING NOTICE PERIOD");
   2. YOUR NEW TELEPHONE CARRIER PROVIDES METROFAX’S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD;
   3. YOU HAVE PAID METROFAX FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE METROFAX NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND
   4. PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, METROFAX HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE “PORT IN” AN AMOUNT AS STATED ON THE METROFAX WEBSITE (OR THE EQUIVALENT IN LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE METROFAX TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT FOR THE ADMINISTRATIVE FEE IN SUBSECTION (iv). THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR ACCOUNT WITH METROFAX DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE.
   IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, METROFAX REMAINS THE CUSTOMER OF RECORD OVER THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. METROFAX ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT CARD THE US $200 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE IN THIS SECTION. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION “A”, TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON OR A FORCE MAJUERE EVENT) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. METROFAX IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.
2. Telephone Numbers Ported Out
   IF YOU "PORTED IN" ANY TELEPHONE NUMBER(S) IN CONNECTION WITH YOUR USE OF SERVICES YOU MAY "PORT OUT" YOUR TELEPHONE NUMBER(S) AND OR ASSIGNED METROFAX TELEPHONE NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT IF, AND ONLY IF, YOU SATISFY THE FOLLOWING REQUIREMENTS:
   1. YOU PROVIDE WRITTEN NOTICE TO METROFAX OF YOUR INTENTION TO "PORT OUT" SUCH TELEPHONE NUMBER(S) OR THE NUMBER(S) YOU PORTED IN ASSOCIATED WITH THE TERMINATED ACCOUNT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR ACCOUNT (THE "PORTING NOTICE PERIOD");
   2. YOUR NEW TELEPHONE CARRIER PROVIDES METROFAX’S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD;
   3. YOU HAVE PAID METROFAX FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE METROFAX NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND
   4. PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, METROFAX HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE “PORT IN” AN AMOUNT AS STATED ON THE METROFAX WEBSITE (OR THE EQUIVALENT IN LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE METROFAX TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT FOR THE ADMINISTRATIVE FEE IN SUBSECTION (iv). THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR ACCOUNT WITH METROFAX DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE.
   IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, METROFAX REMAINS THE CUSTOMER OF RECORD OVER THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. METROFAX ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT CARD THE US $200 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE IN THIS SECTION. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION “B”, TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON OR A FORCE MAJUERE EVENT) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. METROFAX IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.

INAPPROPRIATE CONTENT AND TRANSMISSIONS

UNSOLICITED EMAIL AND FAX ADVERTISEMENT POLICY

VIOLATION OF TERMS OF SERVICE

PERIPHERAL APPLICATION(S) AND INTELLECTUAL PROPERTY RIGHTS

INSTANT MESSAGES

NETWORK, BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS

COPYRIGHT INFRINGEMENT

• Signature of copyright owner or person authorized to act on behalf of the owner;
• Identification of copyrighted work claimed to be infringed;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
• A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed. Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the service provider's designated agent. A valid counter notification is a written communication that incorporates the following elements:
• A physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complaint. This information should not be construed as legal advice. We advise that you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the Web site of the U.S. Copyright Office at: http://www.copyright.gov/onlinesp.

DISCLAIMER OF WARRANTY

LIMITATION OF DAMAGES

INDEMNIFICATION

INTEGRATION

WAIVER

GOVERNING LAWS

INFORMATION FOR CALIFORNIA RESIDENTS