Terms and conditions and EULA
Avatel Cloud Fax Solutions
Description of services
Documo Inc. provides you with access to mFax, a Secure Fax Management Service (the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms.
No resale of 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 unless provided for under a separate agreement.
Privacy and protection of personal information
See the Privacy Statement for disclosures relating to the collection and use of your information.
Account, password, and security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under all fax numbers and by all users associated with your account.
You agree to notify Documo Inc. immediately of any unauthorized use of your account or any other breach of security. Documo Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Documo Inc. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Documo Inc. server, or the network(s) connected to any Documo Inc. server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Documo Inc. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You will not use or register the name Documo Inc. or any other trade name or trademark of Documo Inc. without express, prior permission, and you will not obstruct the identification procedures used by Documo Inc. in the services.
You represent that the information submitted for transmission via the Documo Inc. network for mFax services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do Not Call provisions, faxing, data privacy, international communications, and export of technical or personal data.
Use of services and customer responsibilities
You are fully responsible for the contents of your transmissions through the Services. mFax simply acts as a passive conduit for you to send and receive information of your own choosing. However, Documo Inc. reserves the right to take any action with respect to the Services that Documo Inc. deems necessary or appropriate in its sole discretion if Documo Inc. believes you or your information may create liability for Documo Inc. , compromise or disrupt the Services for you or other Customers, or cause Documo Inc. to lose (in whole or in part) the services of Documo Inc. ‘s ISPs or other suppliers. 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.
Documo Inc. has no control of the content of the information passing through the Services. Documo Inc. does not:
- Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
- Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account, assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property right;
- Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001 193, FTC regulations, and the Can Spam Act.
You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify Documo Inc. promptly of any changes to this information as required to keep it current, complete and accurate.
Documo Inc. reserves the right at all times to disclose any information as Documo Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or 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 mFax services (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.
You must obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services.
By using the service, you agree to allow Documo Inc to use your Company Names and Logos in case studies, promotional materials, or other write-ups, unless you request otherwise.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the mFax Service are wholly owned by Documo Inc. and/or its licensors and service providers except where expressly stated otherwise.
You understand and agree that you are not the owner of any mFax fax number (mFax Number) assigned to you by Documo Inc. Ownership of any such mFax Number is vested solely in Documo Inc. (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 mFax account for any reason, such mFax Number may be re assigned immediately (although there is typically a transition period) to another customer, and you agree that Documo Inc. 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 Documo Inc. has been advised of the possibility of damages.
You further understand and agree that Documo Inc. may from time to time need to change the mFax Number assigned to you (whether due to an area code split or any other reason whether outside or within Documo Inc. ‘ control). You agree that Documo Inc. will not be liable for damages (including consequential or special damages) arising out of any such change in the mFax 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 Documo Inc. has been advised of the possibility of damages.
In particular, you agree that you are not authorized to charge services provided to you or at your request to the mFax Number assigned to you by Documo Inc. and that you will not request or otherwise cause any third party service provider to charge any such services to such number. You are responsible for any such charges, and any such charges will give Documo Inc. the right to immediately terminate your mFax account without notice.
Unsolicited fax advertisement policy
The transmission of unsolicited fax advertisements is regulated in the United States under the Federal Telephone Consumer Protection Act and is also regulated under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited.
Documo Inc. understands that receipt of such faxes can impair your use of our Services. Accordingly, Documo Inc. may develop means to prevent the distribution and receipt of unsolicited fax advertisements to our customers. At Documo Inc’s option and without further notice, Documo Inc. may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.
If you believe that you are in receipt of an unsolicited fax advertisement, you should take the following two steps:
- a) If the fax contains a telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional junk faxes, please do so; and b) Please submit a suspect fax to Documo Inc. for investigation by faxing the suspect fax to 1.844.283.4884
We will investigate your submission and determine if the fax/voicemail number referenced in the spam email or spam fax is a mFax Number. If it is, we will attempt to prevent such faxes from reaching your account.
You agree to pay all charges for your use of mFax Services at the prices then in effect for your country of residence. All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law. Documo Inc. reserves the right to change prices or institute new charges for access to or use of mFax services unless you have a signed “Pricing Proposal”. All changes will be posted by Documo Inc. at the Documo Inc. websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of mFax Services or non-termination of your mFax service account after changes are posted constitutes your acceptance of the prices as modified by the posted changes. Per page prices are based on a 60 second transmission time; pages that take longer to transmit may be charged as multiple pages.
Documo Inc. reserves the right to charge a premium on all mobile, cellular, digital, special service numbers, and / or PCS international terminating traffic, as well as the right to adjust any rate to reflect charges in international tariffs, regulatory requirements, taxes, levies or other third party levies.
Charges for Services may include Activation, Monthly Subscription, Additional Component changes (ex additional fax numbers), and Usage Fees.
Refer to the “Pricing Proposal” for additional terms and conditions related to the contract term, payment terms and cancellation policy.
Disclaimer of Warranties and Limitation of Liability
Documo Inc. MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. Documo Inc. FURTHER EXPRESSLLY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This disclaimer includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any or all service interruptions caused by the negligence of Documo Inc. and its employees or by Customer’s errors and omissions.
Documo Inc. its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the “Documo Inc. Entities”) shall not be liable and are not responsible for any loss or damage Customer suffers, or any party claiming through or under Customer, as a result of, or related to, the use of the Service including, but not limited to:
- performance of the Internet;
- performance of the telephone network;
- loss or damage resulting from delays, computer virus or interruption of the Service, including deletion or failure to store messages, regardless of cause;
- loss or damage to Customer’s equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Internet;
- or any indirect, incidental, special, punitive or consequential damages, including but not limited to, lost revenues or profits, resulting from or relating in any way to the use of the Service even if the Documo Inc. Entities have been advised of the possibility of such damages.
You agree to indemnify and hold Documo Inc. and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of your use of the service, your violation of the terms of this agreement, and the delivery of any of your documents using the service, or the infringement of any trademark or copyright by you.
Documo Inc. reserves the right to suspend or terminate services if Documo Inc. , in its sole discretion, believes that the service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices Documo Inc. shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Documo Inc. shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party.
Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.
If you have a signed “Pricing Proposal” the termination provision found in the Pricing Proposal applies.
Jurisdiction and Governing Law
You agree that these Terms shall be governed by and construed in accordance with the laws of the state of Nevada, and you hereby consent and attorney to the jurisdiction of such province and agree that all disputes shall be tried in the state of Nevada in the City of Las Vegas. You expressly waive any right and agree not to have any dispute under the Terms tried or otherwise determined by a jury, except where required by law.