faxxis - User Agreement

User Agreement

By subscribing to and utilizing Officeworxx Services, you are deemed to have agreed to and be bound by the following Terms and Conditions of this Agreement:

Definitions

"Service" or "Services" means any and all services provided by EasyTel to you, including but not limited to, voice mail, fax mail, e-mail, FollowMe, conference calling, long distance, The Virtual Merchant, GenieBank ATM Cards and any additional offerings by EasyTel utilized by you.

Right to Change Terms and Conditions

You agree that EasyTel may change these Terms and Conditions or its rates for any or all portions of the Services at any time upon ten (10) days prior notice. You agree that EasyTel may give you notice of such changes by posting such changes within the EasyTel web site http://WWW.UniversalOffice.com or any of its Services web sites, by e-mail or by conventional mail (based on the address provided by you when you subscribed), that the ten (10) day time period begins to run when the notice is given, and that, by continuing to use the Services after the effective date of such changes, you agree to be bound by any such modified Terms and Conditions of the Services.

Billing and Payment

You agree to pay EasyTel all rates and charges. A subscription to the Service may require a credit card number or voided check for billing, depending on your program. By providing your credit card information or a voided check, you grant EasyTel authorization to submit charges to that credit card number of to debit your bank account for your use of the Service. The rates per term for Services are charged in advance of the upcoming term of service. All usage charges for "per minute" rates will be billed based on actual usage, as provided, in pre-determined increments. Any other applicable charges (set up fee, payphone surcharges, taxes, over the limit charges, others) will also be billed to you. You acknowledge that the amount charged by EasyTel may vary based on your usage of the Services. Any unpaid charges after 30 days will be subject to a monthly service fee of 1.5% of the outstanding balance, or the maximum legally allowable interest rate. If charges applied to your credit card or bank account are rejected EasyTel reserves the right to assess a processing fee.

Monthly Fees and Prepaid Calling Time

You acknowledge and agree that your Service will remain "AS IS" and will not be upgraded or downgraded during any monthly term of service. Upon payment of the Monthly Fee, whether for the initial month of Service or for renewal months, EasyTel will not refund any portion of the Monthly Fee for any reason. You agree that changes will not be made to your Universal Office until the end of your next month of service. EasyTel will automatically bill you in full for a renewal month of service if you do not request a different billing option or cancel your Service. In addition to the up-front Monthly Fee, your usage charges will be deducted from your Prepaid Calling Time Balance as they occur. EasyTel will not refund any portion of the Prepaid Calling Time; you are however welcome to use up all Prepaid Calling Time in your account as payment for telephone calls and/or any other services provided by EasyTel.

Statements

You will have access to a Statement of Account for each month that you incur charges, on the Internet, detailing your usage during that month. The Statement is not a bill. Charge totals on your Statement may not agree with charges shown on your credit card or bank statement due to differences in statement cut-off dates. Unless you notify EasyTel of any dispute regarding your Statement within forty-five (45) days (or such longer period required by law, if any) after the date the Statement was made available to you, the charges on the Statement will be deemed to be accepted by you for all purposes, including resolution of any inquiries made by your credit card issuer, if applicable.

Fraudulent and Abusive Use of the Services

EasyTel helps protect you against fraudulent use of your Services with private user names and passwords, credit card verification upon sign up and daily and monthly usage limits. You are responsible for controlling access to and maintaining the security of your user name and password. You shall notify EasyTel of any user names and passwords which are lost, stolen or suspected of being used fraudulently, in writing, via email or fax. You agree you will be liable for all charges incurred prior to and within thirty (30) minutes after you notify EasyTel's Customer Relations, in writing or via email or fax, to deactivate suspect user names and passwords. You agree to not engage in or assist others in fraudulent or abusive use of the Services.

Cancellation

The Services will remain in full force until canceled by either party. EasyTel may suspend, interrupt, or cancel your service at any time (i) without notice for non-payment, for any reason, which in EasyTel's judgment may preclude it from receiving payment, or for any violation by you of these Terms and Conditions; or (ii) with notice for any reason, with or without cause. If you wish to cancel, please access and complete the EasyTel Cancellation Form on the EasyTel website and fax and/or email your cancellation request to EasyTel as directed on the form. After any cancellation, you agree EasyTel has authorization to initiate a charge if there is an outstanding balance. EasyTel will not refund a prorated portion of monthly service fees or prepaid calling time in the event that you cancel Service part way through the month. Subsequent reinstatements of Service after cancellation may be subject to a Service reinstatement fee, at EasyTel's discretion.

Indemnification and Release

You agree to indemnify and hold harmless EasyTel and its directors, officers, affiliates, employees, agents, suppliers, subcontractors, and vendors from any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys' fees and other costs and expenses of any suit, action, investigation, claim, or proceeding) of any kind whatsoever, sustained, incurred or required to be paid by EasyTel by reason of or arising out of, directly or indirectly, your use of the Services, or the use of your Service account by another (whether or not authorized by you), including without limitation, any claim of libel, defamation, violation of rights of privacy or publicity. EasyTel reserves the right to assume the exclusive defense and control of any such claim subject to indemnification, but, notwithstanding EasyTel's control of the defense of such claim, you will remain obligated under this indemnity.

Disclaimer of Warranty

You acknowledge and agree that EasyTel has not made, and does not make, any warranty or guarantee with respect to the Service, whether express or implied, and that the Service is offered to you "AS IS" and "AS AVAILABLE". Without limitation of the foregoing, EasyTel makes no warranty that the Service (i) is merchantable, (ii) is fit for a particular purpose, (iii) is or will operate "error-free", or (iv) is noninfringing of the rights of any third party. You acknowledge and agree that EasyTel cannot and does not guarantee (i) that the Service will be available at all times, (ii) that voice mail, fax mail or e-mail messages or other services will be delivered or received within a particular time, or will be transmitted accurately, (iii) that voice mail, fax mail or e-mail messages will be stored for any particular time, or (iv) that each and every country will be accessible through its access numbers. You acknowledge and agree (i) that EasyTel cannot and does not guarantee, and assumes no liability for, the security or confidentiality of data transmitted to or from the Service, (ii) that no computer system is immune from intrusion, (iii) that data transmitted to or from the Service may pass through many computer systems, and (iv) even encrypted data is only as secure as the encryption method used to protect it and may not offer complete security.

Limitation of Liability

YOU AGREE THAT EASYTEL WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSSES, LOST PROFITS, OBLIGATIONS, LIABILITIES, CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND OTHER COSTS AND EXPENSES OF ANY SUIT, ACTION, INVESTIGATION, CLAIM, OR PROCEEDING) OF ANY KIND WHATSOEVER (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), SUSTAINED OR INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE OR THE USE OF YOUR SERVICE ACCOUNT BY ANOTHER (WHETHER OR NOT AUTHORIZED BY YOU), INCLUDING THE LOSS, DELAY OR INACCURACY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE OR SERVICE, ANY LOSS OF CONFIDENTIALITY OF ANY VOICE MAIL, E-MAIL OR OTHER MESSAGE INTENDED TO BE CONFIDENTIAL, OR AS A RESULT OF ANY SUSPENSION, INTERRUPTION OR CANCELLATION OF SERVICE (EVEN IF EASYTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL THE AGGREGATE LIABILITY OF EASYTEL FOR ANY AND ALL CLAIMS (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO EASYTEL FOR SERVICE RENDERED IN THE MOST RECENT BILLING PERIOD.

Cooperation with Law Enforcement Agencies and Others: Access by EasyTel

You agree that EasyTel may cooperate with law enforcement authorities and/or injured third parties in the investigation of any suspected crime or civil wrong attempted or perpetrated by using, or attempting to use, the Service. You agree that it may be necessary for EasyTel to examine any and all portions of the Service and Service sites, including, without limitation, accessing your Universal Office, to cooperate in such investigations and also to resolve system problems or mail system errors, and you hereby consent to such examination.

Copyright/Trademarks

The trademarks, logos and service marks displayed on Service materials or any Service web sites are the property of EasyTel, its affiliates and other parties. You agree that you may not use any such trademark, logo or service mark without the written permission of EasyTel or such third party, which may own them. You agree that the Service, and all programs, services, processes, technologies, designs, inventions, materials and software used by EasyTel for or in connection with the Service are owned by and/or are proprietary to EasyTel, and you agree not to duplicate, or attempt to duplicate, such Service, or provide any similar service, in whole or in part, directly or indirectly, alone or in cooperation with others; or to translate, reverse engineer, disassemble or decompile any software used or owned by EasyTel for or in connection with the Services.

Compliance with Laws

Your Service account may only be used for lawful purposes. You agree that your access to and your use of your Service account is subject to all applicable federal, state and local laws and regulations. EasyTel reserves the right to identify and restrict same or substantially similar electronic mail messages, and faxes, whether or not commercial, to a large number of recipients (sometimes known as spamming). Because EasyTel has no practical ability to restrict all conduct, communications or content which might violate these Terms and Conditions prior to its transmission on EasyTel's systems, and because EasyTel cannot ensure prompt removal of any such communications or content after transmission or posting, EasyTel does not assume liability to you or others for any failure to enforce the terms of these Terms and Conditions.

Incorporation of Tariff

You acknowledge that EasyTel's network carriers may provide certain long distance and other telecommunications services to EasyTel for use by you as a part of the Service. You agree that the terms and conditions (excluding rates and charges) of the applicable FCC Tariffs as modified from time to time are incorporated by reference and made a part of this Agreement. You agree to be bound by the terms and conditions of the Carriers' Tariffs with respect to the interexchange services portion of the Service.

Arbitration and Governing Law

Any dispute arising out of or related to these Terms and Conditions or the use of the Service by you (or by another person using your Service account, with or without your permission) shall be submitted to binding arbitration before the American Arbitration Association in Las Vegas, Nevada. You agree that all arbitration proceedings shall be before one arbitrator in Las Vegas , Nevada , and you waive any objections that might otherwise be available based on improper venue or forum non-convenience. Discovery appropriate to the dispute between the parties and the desire of the parties for a prompt and efficient resolution of the dispute will be permitted. These Terms, Conditions, and applicable law will bind the arbitrator, and the decision of the arbitrator will be binding on EasyTel and you. The arbitrator will have the power to award costs and expenses (including attorneys fees) to the prevailing party. The arbitrator's decision may be enforced in any court of competent jurisdiction. These Terms and Conditions shall be governed by the laws of Nevada applicable to agreements entered into and performed wholly in Nevada .

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