Terms of Service
RING DECK INC.
FAXDECK.COM TERMS OF SERVICE
Effective Date: January 15, 2018
FaxDeck.com (“FaxDeck”) is a subsidiary organization under the ownership of RINGDECK INC., (“RingDeck”, “we”, “our”, or “us”), a Delaware corporation. The terms "you," "your," "yours", “user”, “users” and "Customer" refer to the customer utilizing our Website. The terms "Site", "Website", "Application", “App”, "Product", “Services” and "Service" refer to the website and services provided by FaxDeck.
FaxDeck.com provides online electronic fax services to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
These Terms of Service are a binding contract between you and RingDeck Inc.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.
These Terms of Service are effective as of January 15, 2018. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this website and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
DESCRIPTION OF SERVICES
FaxDeck offers online electronic fax services at its website www.FaxDeck.com.
The service includes, but is not limited to: a dedicated geographic or toll-free fax number that facilitates the delivery and transmission of faxes to email; and the FaxDeck website or software applications provided by FaxDeck and RingDeck.
You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, smartphone, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the website, including any of the website’s features, at any time with or without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. Any new features that augment or enhance the then current services on this website shall also be subject to these Terms of Service. We also reserve the right, in our sole discretion, to reject or remove any material that you upload, send or receive, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.
SERVICE USAGE TERMS
You may be required to sign up for an account and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. For your User ID, you may not select a name that you do not have the right to use, or another person’s name with the intent to impersonate that person.
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms of Service on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Service on that organization or entity’s behalf and bind them to these Terms of Service (in which case, the references to “you” and “your” in these Terms of Service, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own personal or business use and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks the law.
You are solely responsible for protecting the security of your account and your password. You are responsible for any activity associated with your account.
You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
Violates any law or regulation;
Infringes or violates the intellectual property rights or any other rights of anyone else (including FaxDeck);
Jeopardizes the security of your FaxDeck account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Uses any intellectual property rights protected by applicable laws and contained in or accessible through the Services;
Uses the Services, or permits it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without prior written consent from FaxDeck;
Uses the Services to develop or enhance any software, software code, or any derivative works of any software without prior written consent from FaxDeck;
Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
Copies or stores any significant portion of the Content;
"Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
You are fully responsible for the contents of your transmissions through the Service. FaxDeck simply acts as a passive conduit for you to send and receive information of your own choosing. However, FaxDeck reserves the right to take any action with respect to the Service that FaxDeck deems necessary or appropriate in its sole discretion, if FaxDeck believes you or your information may create liability for FaxDeck, compromise or disrupt the Service for you or other customers, or cause FaxDeck to lose (in whole or in part) the services of the FaxDeck’s ISPs or other suppliers. Your use of the Service 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, securities or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Service; (2) not to use the Service for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to use the Service or related software to knowingly transmit misleading or inaccurate caller identification information for any reason, including doing so with the intent to defraud, cause harm, or wrongfully obtain anything of value; and (7) not to transmit or upload through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit or upload 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. You further agree not to use the Services to store (1) any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or (2) any other type of information that imposes independent obligations upon FaxDeck. The Service makes 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 to use or reference the Service for chain letters, junk fax or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list.
Unsolicited marketing in violation of laws and regulations pertaining to Telemarketing through the Service is prohibited and a material violation of this Agreement. You hereby acknowledge and agree that FaxDeck, as owner of all FaxDeck Numbers, has any and all rights (but no obligation) to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited fax advertisements, including but not limited to claims under the TCPA and similar laws of any other country, state or province, and, to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to FaxDeck as consideration for its provision of the Service.
FAX NUMBER PORTING
FaxDeck does not offer inbound or outbound fax number porting services ("PORTING" IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). FaxDeck does not port fax numbers into FaxDeck from other fax service providers. FaxDeck does not allow users to port FaxDeck fax numbers from FaxDeck to other fax service providers. If you cancel your FaxDeck monthly subscription plan, you are not permitted to port your FaxDeck fax number to another fax service provider. All inbound or outbound fax number porting requests received by FaxDeck will be automatically denied.
While your account is active, fax messages received or sent via your FaxDeck fax number will be stored and displayed in the FaxDeck Account Dashboard. FaxDeck will store your fax messages and make them available to you via the FaxDeck Account Dashboard for 6 (six) months from the date the fax message was originally received or sent. After the 6 month storage period expires, the FaxDeck system will automatically delete the stored fax messages from your FaxDeck Account Dashboard and the FaxDeck servers. You acknowledge that FaxDeck may cease offering this feature or change its practices and/or limitations concerning this feature at any time, including, without limitation, changing the maximum number of days that fax messages will be retained, the maximum number of fax messages stored at any one time and the maximum storage space allotted on the FaxDeck servers on your behalf. You further agree that FaxDeck 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. All fax messages sent or received using your FaxDeck fax number will be automatically deleted from the FaxDeck servers and the FaxDeck Account Dashboard after 6 months from the original date of when the fax message was originally sent or received. If you need to retain your fax message records past the 6 month expiration date, we recommend saving the original FaxDeck confirmation emails that are automatically sent to you via email each time you send or receive a fax using your FaxDeck fax number.
FaxDeck is free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms of Service. FaxDeck has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Service.
Account termination may result in destruction of any content associated with your account, including any faxes being stored on your FaxDeck account. If you cancel your FaxDeck account, your stored faxes will be deleted and your dedicated fax number will be deprovisioned without the possibility to be reactivated at a later date.
If you have cancelled your FaxDeck account by mistake, contact us immediately at email@example.com. We will try to help, but unfortunately, we can’t guarantee that we can recover or restore anything.
FaxDeck reserves the right to suspend or terminate your account and associated Service without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to FaxDeck when FaxDeck 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 FaxDeck.
If, for any reason, FaxDeck believes that You are using the Service for a prohibited purpose and/or Your usage violates the Terms of Service Policy, then FaxDeck may, in its sole discretion with or without notice, terminate Your service.
PAYMENT AND CHARGES
You agree to pay all charges for your use of the Service in accordance with the pricing plan you were offered and agreed to upon signing up for the Service. FaxDeck reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Service as it deems appropriate and FaxDeck reserves the right to change prices or institute new charges for access to or use of the Service.
FaxDeck may amend your pricing plan, including any charges thereto, at any time either by posting pricing plan changes on the FaxDeck Website, or sending information regarding the pricing plan changes to the email address you provided to FaxDeck. You are responsible for regularly reviewing such pricing information. Continued use of the Service, or non-termination of your FaxDeck account, after changes are either posted or emailed to you constitutes your acceptance of the prices as modified.
Fax Page Definition: FaxDeck offers monthly subscription plans that are billed on a monthly basis and include monthly fax page allotments. A fax page is defined as the actual number of pages included with each inbound or outbound fax. For example, if you send a 12 page PDF file as an outbound fax, 12 pages will be deducted from your monthly fax page allotment, regardless of the amount of time it takes to transmit the fax. If your fax page usage in the monthly billing cycle exceeds the number of fax pages included with your monthly subscription plan, fax overage fees will be incurred at your expense and charged to your FaxDeck account at a rate of $0.05 per page.
Unused fax pages expire at the end of each monthly billing cycle and do not roll over as credits to the next billing cycle.
International overage rates will be incurred at your expense and charged to your FaxDeck account if you send faxes to international fax numbers. For example, if you have a USA fax number and you send a fax to a Canada fax number, international overate rates will apply; if you have an Australia fax number and you send a fax to a USA fax number, international overage rates will apply. In addition, You may be charged any applicable Taxes and Fees associated with international usage. Please contact us for more information on international usage rates.
Your monthly subscription fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, FaxDeck may submit charges for your monthly service fee each month. If you add additional FaxDeck Numbers to an existing account, your first payment for such additional FaxDeck Numbers will not be prorated. You agree that FaxDeck may (at its discretion) accumulate Service fees 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 FaxDeck may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated Service fee charges may appear on the statement you receive from your card issuer.
Each time you use the Service, or allow or cause the Service to be used, you agree and reaffirm that FaxDeck is authorized to charge your designated card(s). Your card issuer's agreement governs your use of your designated card in connection with payment for the Service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
Free Trial Terms: If you subscribed to the Service pursuant to the FaxDeck free trial, granting you a free trial period, your monthly subscription plan fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account). These fees will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice that you have terminated your FaxDeck account. Such notice will not affect charges submitted before FaxDeck reasonably could act on your notice. If you cancel your FaxDeck account prior to the 8th day following your original sign up date, your credit card will not be charged, unless your FaxDeck account has incurred usage overage fees, including fax page overage fees and international usage fees.
Changed Billing Information: You must promptly notify FaxDeck of changes to: (a) the account number, security code or expiration date of your designated credit or debit cards; (b) your billing address for the designated credit or debit card. You must also promptly notify FaxDeck if your card is canceled for any reason, including loss or theft. In order to avoid Service interruptions caused by declined credit or debit card charges, you are solely responsible for updating your billing information on the Billing Settings page of your FaxDeck account dashboard.
NO RESALE OF THE SERVICE
You are prohibited from selling, reselling, renting or leasing the use of the Service.
To the fullest extent allowed by applicable law, You agree to indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages (actual and consequential), losses and expenses (including attorneys’ fees), and liability caused by your use of the Services and Service Content, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Services or Service Content.
You may not assign, delegate or transfer these Terms of Service or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without FaxDeck’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
FaxDeck does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from FaxDeck or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Any rights not expressly granted herein are reserved by us.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT.
Enforcement of these Terms of Service will be governed by the laws of the State of Delaware, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Services or Service Content will lie in the state and federal courts located in New Castle County, Delaware, and each party irrevocably agrees to submit to the jurisdiction of such courts. Notwithstanding this, you agree that we will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Our failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. These Terms of Service constitutes the whole legal agreement between the parties in connection with your use of the Sites and Services, and governs such use. These Terms of Service completely replace and supersede any prior agreements between the parties, whether written or oral, in connection with the Website and Services. Except as expressly provided in these Terms of Service, any modification of or changes to these Terms of Service must be in a writing duly authorized by an authorized representative of ours.
Survival. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, use policies and restrictions, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licenses, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Force Majeure. FaxDeck shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond FaxDeck’s reasonable control.
Dispute Resolution and Optional Arbitration. In the event of any dispute, claim, question, or disagreement between You and FaxDeck ("Dispute"), You and FaxDeck shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, You and an authorized member of FaxDeck’s legal department (or other representative of FaxDeck designated by the legal department) shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither You nor FaxDeck shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
Non-disparagement. You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages FaxDeck or the Applications or Services in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party. In accordance with the termination provisions below, FaxDeck may terminate Your access to the Applications or Services if You breach the requirements of this section. We are under no obligation to, and do not, review content transmitted, sent, or received using the Applications or Services for purposes of determining copyright infringement. However, FaxDeck reserves the right to terminate access to its Applications or Services if a user infringes on others' copyrights, and will, in appropriate circumstances, terminate access to the Applications or Services if FaxDeck determines that a user is a repeat infringer.
If you have any questions, comments, or concerns regarding these Terms of Service or our Service, you may contact us at firstname.lastname@example.org