1. Purpose, Acceptance of Terms.
This End User License Agreement, together with all other documents and policies referenced herein, is a legal agreement (“Agreement”) between Deluxe Small Business Sales, Inc. d/b/a Deluxe for Business (“Deluxe,” “we,” or “our”) and the customer purchasing Deluxe's fax-to-email services (the “Services”), together with any company or other business entity you are representing, if any (“you” or “your”).
The Services are offered to you conditioned upon your acceptance without modification of this Agreement. Deluxe may update or change, augment or enhance this Agreement or the Services without notice to you. By signing up for the Services and accepting this Agreement you agree to be bound by these modifications. If you do not agree to the changes your sole and exclusive remedy is to cancel your subscription to the Services.
The Fax-to-Email Services includes: (i) use of a toll-free telephone number that provides for the delivery of faxes to email in the volumes described below in our Fair Usage Policy; and (ii) outbound faxing from the online Fax Management Interface.
Toll-Free Services Usage.
As a Toll-Free End-User, you will receive a toll-free fax number from which you may receive faxes. You will be charged a monthly usage fee based on the combined number of fax pages sent and received according to your subscribed plan. Our current usage fee is set forth on the website you used to select and purchase the Service. Additional pages both sent and received above your subscribed plan’s monthly allotment will be charged per page at the overage rate displayed on our website www.deluxe.com. You will have the option to send faxes via the online fax management interface and to subscribe for additional services at www.deluxe.com subject to the terms and conditions of this Agreement
Storage of Faxes.
While you receive Services, we will store fax messages sent and or received through your Fax-to-Email online interface for a period of 30 days, measured from the date of receipt of each fax. These faxes are accessible through the online Fax Management Interface. You acknowledge that we may change our practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that faxed messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on our servers on your behalf, at any time. You further agree that Deluxe has no responsibility or liability whatsoever for the deletion or failure to store any fax messages and/or other communications maintained or transmitted by the Services.
4. End-User Responsibilities.
You are fully responsible for the contents of your transmissions through the Services. Deluxe simply acts as a passive conduit for you to send and receive information of your own choosing. However, we reserve the right to take any action with respect to the Services that we deem necessary or appropriate in its sole discretion if we believe you or your information may create liability for Deluxe, compromise or disrupt the Services for you or other customers, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Your use of the Services is subject to all applicable local, state, or national United States laws and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination and false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country 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 upon 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, or Federal United States law or regulation, the applicable laws or regulations of any country, or international law. 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 End-User's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
You further agree not to use our services to store (1) any “protected health information” if you are a “covered entity” or a “business associate” of a “covered entity” (as such terms are defined in 45 CFR s. 160.103), or (2) any other type of information that imposes independent obligations upon Deluxe or any affiliated company or person.
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 the Services; (b) be responsible for all charges resulting from use of the Services, including unauthorized use prior to your notifying us of such use and taking steps to prevent its further occurrence.
5. Unsolicited Fax Advertisement/Spam Drop-Box Policy.
Unsolicited Fax Advertisement Policy. The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act (http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html) and is also illegal under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited. If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:
- 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
- Please forward the spam fax by email to firstname.lastname@example.org to file a complaint with us by inserting the required information (fax number received from and date received) and including a copy of the offending fax.
You hereby acknowledge and agree that Deluxe, as owner of all Fax-to-Email Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to us. Because our Fax-to-Email Numbers may be reassigned to other customers in the event your account is canceled, and to ensure the best possible Services for all customers, you are not permitted to "opt in" to receive spam faxes on your Fax-to-Email Number.
Spam Drop-Box Policy. Deluxe does not permit its End-Users to use their Fax-to-Email Number as a "drop box" for responses to email or fax spam offers. If you believe you are in receipt of email or fax spam that uses a Fax-to-Email Number as a "drop-box" for responses, we ask that you take the following steps:
- If the email or fax contains an email address, telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional messages, please do so.
- If you are unable to successfully "unsubscribe," please forward the offending email email@example.com. We will investigate your complaint and determine if the fax/voicemail number referenced in the spam email or spam fax is a Fax-to-Email Number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their Fax-to-Email Service.
You may terminate the Services at any time, for any reason, provided that (i) you will not receive a refund for any Services paid in advance, and (ii) any such notice by you to Deluxe must be in accordance with our verification procedures, as such procedures may be established and changed by us from time to time in our sole discretion, and which may include the requirement that you contact us by phone to confirm that any such notice was in fact sent by you. Deluxe also reserves the right to terminate or suspend your Services without prior notice, provided that we will attempt to confirm such termination or suspension by subsequent notice.
7. End-User Representations.
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 the 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.
8. Modifications to End-User Agreement.
Deluxe may automatically amend this Agreement at any time by (a) posting a revised Fax-to-Email End-User Agreement on its Website, and/or (b) sending information regarding the amendment to the email address you provide to us.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING OUR WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.
This Agreement may not be amended by you except in writing signed by both Parties.
9. Modifications to the Services.
Deluxe reserves the right to modify or discontinue any of the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.
10. Member Account, PIN, and Security.
As part of the registration process, you will be required to provide an email address and select a password. Once you become a registered user, your Fax-to-Email Number will be automatically sent to you by email and accessed through the Fax-to-Email administrative control panel. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.
11. Disclaimer of Warranties and Limitation of Liability.
DELUXE DOES NOT WARRANT THAT THE SERVICES WILL BE FREE OF ERRORS, BE UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. THE SERVICES PROVIDED ARE ON AN AS-IS BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND INDENMNITIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY ARISING FROM THE COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY TEMPORARY DELAY, OUTAGE, OR INTERRUPTION OF THE SERVICES, AND YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN. ALL SERVERICES PROVIDED UNDER THIS AGREEMENT WILL BE DEEMED ACCEPTED WHEN DELIVERED.
YOUR USE OF THE FAX-TO-EMAIL AND ALL OF OUR OTHER SOFTWARE AND 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 (INCLUDING DELUXE’S SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE FAX-TO-EMAIL SERVICE. YOU AGREE THAT NEITHER DELUXE NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY THIRD PARTY, SPCIAL, EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOSS OF USE, OR INTERRUPTION OF BUSINESS) ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, STRICT LIABLILITY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND OUR LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE FAX-TO-EMAIL SERVICES AND ANY OF OUR OTHER SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $100.00.
NEITHER DELUXE NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, 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 OUR OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICES TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS CREATING A JOINT VENTURE, PARTNERSHIP, AGENCY, EMPLOYMENT, FRANCHISE, OR OTHER RELATIONSHIP BETWEEN YOU AND DELUXE. ALSO, NEITHER PARTY TO THIS AGREEMENT SHALL HAVE THE RIGHT, POWER OR AUTHORITY TO CREATE ANY OBLIGATIONS OR DUTY, EXPRESS OR IMPLIED, ON BEHALF OF THE OTHER. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND WITHOUT SUCH LIMITATIONS DELUXE WOULD NOT ENTER INTO THIS AGREEMENT.
You agree to pay all charges for your use of the Services at the prices then in effect for your country of residence. Deluxe reserves the right to charge value-added, sales or other taxes on the Services as it deems appropriate and reserves the right to change prices or institute new charges for access to or use of the Fax-to-Email service. All changes will be posted at our Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of, or non-termination of the Services after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Payment of your Services balance is due monthly.
Charges are to be paid on a monthly basis in the currency in which you were charged or billed. If your payment method is credit card and payment is not received by us from the card issuer or its agents, you agree to pay all amounts due upon demand by us. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Deluxe is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with the Fax-to-Email service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Deluxe 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 we 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.
Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that Deluxe may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior written notice (in accordance with our verification procedures, as may be established by us 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 we reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account,You must contact us 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 us in accordance with this Agreement.
You must promptly notify us in writing of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to use your Services. You must also promptly notify us if your card is canceled (e.g., for loss or theft).
Deluxe reserves the right to suspend or terminate your Services 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 us when we believe you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Deluxe and/or its licensors and service providers except where expressly stated otherwise.
YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY FAX-TO-EMAIL NUMBER ASSIGNED TO YOU BY DELUXE. OWNERSHIP OF ANY SUCH FAX-TO-EMAIL NUMBER IS VESTED SOLELY IN DELUXE (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 SERVICES FOR ANY REASON, SUCH FAX-TO-EMAIL NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT DELUXE WILL NOT BE LIABLE FOR DAMAGES (INCLUDING THIRD PARTY, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF ANY SUCH REASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER UNDERSTAND AND AGREE THAT DELUXE MAY FROM TIME TO TIME NEED TO CHANGE THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN OUR CONTROL). YOU AGREE THAT WE WILL NOT BE LIABLE FOR DAMAGES (INCLUDING THIRD PARTY, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU BY US AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICES PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE US THE RIGHT TO IMMEDIATELY TERMINATE YOUR SERVICES WITHOUT NOTICE.
You agree to indemnify, defend by counsel reasonably accepted by us, and protect and hold Deluxe, its affiliates and agents harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, judgments, etc., directly or indirectly, arising out of or related to the Services and this Agreement, 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, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited faxes.
16. Fax-to-Email Services are NOT for Resale.
Your right to use the Services is personal to you. You may be either an individual, a corporation, or business entity, but you agree not to resell the Services in anyway.
Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
This Agreement may be modified occasionally in order to reflect the dynamic nature of the Internet as well as the contracts Registration Services Provider has with Registrar, ICANN and the Registry Operator. You will be notified of such modifications if they are material to this Agreement or the Service. Your continued use of the Services after such notification will constitute your acceptance of these modifications. If you do not agree to any of such changes, your sole and exclusive remedy is to cancel your subscription to the Services and to have your domain name registration transferred to a different domain name registrar.
This agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Services shall be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
17. Our contact information:
Deluxe can be contacted, as follows:
Deluxe Small Business Sales, Inc.
3680 Victoria Street North
Shoreview, MN 55126
+1 (800) 784-7389 Customer Service Hours: 9am - 9pm, EST (7 days a week)
Technical Support: Available 24/7
General: 1 877 532-0132