GreenFax Terms of Service
This agreement is exclusively for customers who signed up for GreenFax prior to January 30, 2017. This agreement is by and between Meixler Technologies, Inc. a Pennsylvania Corporation, and the Customer ("you or "Customer") for the provision of Internet faxing services in accordance with the following terms and conditions.
1) Billing Policies
a) For service plans where recurring charges apply: Recurring service charges are billed quarterly in advance. Usage charges for pages sent or received not included in the service plan are billed in arrears at the end of each quarter or when the balance due reaches $25.00 (whichever is first).
b) For prepaid outgoing-only service plans: Usage credit for sending outbound faxes must be purchased in advance.
You are obligated to pay for use of the GreenFax.com service at our published rates. Accounts are to be settled as per current pricing which is publicly displayed on our web site http://www.GreenFax.com. Outstanding accounts may be suspended or terminated. Meixler Technologies, Inc. reserves the right to modify its rates for the GreenFax service. The rates posted on our web site will always be the effective rates.
Customer or Meixler Technologies may terminate service at any time. Meixler Technologies will refund the unused portion of customer's payment upon termination by either party. Meixler Technologies reserves the right to reject orders for new accounts.
Meixler Technologies may employ the use of vendors or sub-contractors for the operation of components in the network used to provide the GreenFax service.
4) Customer Responsibilities
You represent that the information submitted for transmission via the GreenFax.com service is for lawful purposes only and that the transmission of messages or files is not in violation of any federal or State laws or regulations. Customer agrees to accept all responsibilities for conforming to "community standards" of conduct when transmitting messages. Customer agrees to indemnify and hold Meixler Technologies, 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 the delivery of any information. Customer agrees to pay reasonable cost of collections, including legal fees.
The Services may only be used for lawful purposes. Applicant is expressly prohibited from using the Services to 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.
We exercise no control whatsoever over the content of the information and data passing through its network and you indemnify Meixler Technologies, Inc. from any legal action regarding said information or data.
Meixler Technologies reserves the right to request customer to provide proof of possession of credit card used to fund account.
5) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEIXLER TECHNOLOGIES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEIXLER TECHNOLOGIES, INC. MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MEIXLER TECHNOLOGIES, INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MEIXLER TECHNOLOGIES, INC. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. MEIXLER TECHNOLOGIES, INC. ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE FAX AND EMAIL MESSAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM MEIXLER TECHNOLOGIES, INC. OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MEIXLER TECHNOLOGIES, INC. OR ITS SUPPLIERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF MEIXLER TECHNOLOGIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEIXLER TECHNOLOGIES, INC. LIABILITY TO CUSTOMERS OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
Use of the services assumes that Customer has read and agrees to the terms in this Agreement. Meixler Technologies, Inc. reserves the right to suspend or terminate the Services if we in our sole discretion, believe Customer is using the Services to engage in conduct which interferes with other Customers' use of the Services, is harmful to Meixler Technologies, Inc., or third parties, or is otherwise in violation of this Agreement.
YOU UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY TELEPHONE NUMBER ASSIGNED TO YOU BY MEIXLER TECHNOLOGIES. YOU UNDERSTAND AND AGREE THAT ANY PHONE NUMBER ASSIGNED TO YOU BY MEIXLER TECHNOLOGIES MAY NOT BE PORTED AWAY FROM MEIXLER TECHNOLOGIES TO ANOTHER SERVICE PROVIDER OR TELEPHONE CARRIER. YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR GREENFAX ACCOUNT FOR ANY REASON, SUCH TELEPHONE NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT MEIXLER TECHNOLOGIES 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 MEIXLER TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU UNDERSTAND AND AGREE THAT MEIXLER TECHNOLOGIES MAY FROM TIME TO TIME NEED TO CHANGE THE PHONE NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN MEIXLER TECHNOLOGIES' CONTROL). YOU AGREE THAT MEIXLER TECHNOLOGIES WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE PHONE 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 MEIXLER TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
7) Entire Agreement
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This agreement shall be governed by the construed under Pennsylvania law as such law applies to agreements between Pennsylvania residents entered into and to be performed within Pennsylvania, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.