Terms and Conditions
The information contained in this Site including all images, illustrations, designs,
writings and other materials that appear herein are copyrights, trademarks, trade
dress or other intellectual property owned, controlled, or licensed (all of which,
collectively, are herein referred to as the "Contents") by Protus IP Solutions (a business name of j2 Global Canada, Inc.) (“Protus”) or
are the property of their respective owners. Any actual person may use the Site
to send up to two (2) free faxes per day, each fax not to exceed nine (9) pages
in length (plus the cover page.) and not to exceed 10MBs in size (hereafter referred
to as the “Services”). You may use the Services as part of your personal or business
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 Protus server, or the network(s) connected to any Protus 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 Protus server or to any of the Services, through hacking,
password mining or any other means. You will not use or register the name Protus
or any other trade name or trade mark of Protus without express, prior permission,
and you will not obstruct the identification procedures used by Protus in the services.
You represent that the information submitted for transmission via the Protus network
for Protus 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, telemarketing,
email marketing, anti-spam, anti-phishing, data privacy, international communications,
and export of technical or personal data.
You are fully responsible for the content of your transmissions through the Services
and agree and acknowledge that you are the creator of all content, and that Protus
is not the author or publisher of any content and Protus does not rent or sell lists
of any kind. Protus simply acts as a passive conduit for you to send and receive
information of your own choosing.
Protus does not:
Protus reserves the right at all times to disclose any information as Protus deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request. Protus reserves the right but is not obligated to review the content of
any of your messages for compliance with these terms and other legal requirements
and may unilaterally terminate this agreement for any such prohibited and unlawful
use.. Protus further reserves the right to take any other action with respect to
the Services that Protus deems necessary or appropriate in its sole discretion if
Protus believes you or your information may create liability for Protus or others,
compromise or disrupt the Services for you or other Customers, or cause Protus to
lose (in whole or in part) the services of Protus' ISPs or other suppliers.
- 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
You agree to indemnify and hold Protus and its agents harmless from any and all
direct, indirect or consequential claims, losses, damages, judgments, expenses and
costs (including any attorney's fees and expenses) arising out of your use of the
services, your violation of the terms of this agreement, and the delivery of any
of your messages and documents using the services, or the infringement of any trademark
or copyright by you.
DISCLAIMER OF WARRANTY
THE SERVICES ARE PROVIDED 'AS IS' AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE,
OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO
THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR
IN CONNECTION HEREWITH. PROTUS FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED
AVAILABILITY OF THE SERVICE OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE TITLE OR NON-INFRINGEMENT.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO MARKETING
LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY
PROTUS WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY
OR REPRESENTATION, AND SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON PROTUS.
NEITHER PROTUS NOR ANY OF ITS PARTNERS AFFILIATES OR SERVICE PROVIDERS SHALL BE
HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR
ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF PROTUS' OR ANY SUCH PARTNER'S,
AFFILIATE'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION
OR MISDIRECTION OF FAX VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS,
PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES,
DATA STORAGE AND/OR DELIVERY SERVICES.
DISCLAIMER OF LIABILITY
The aggregate liability of Protus, it's parent, subsidiaries or affiliates, whether
for tort (including negligence), breach of contract (including fundamental breach
or failure of an essential purpose), misrepresentation or otherwise in respect of
a single occurrence or a series of occurrences, shall in no circumstances exceed
the amounts paid by Customer to Protus with respect to the Service giving rise to
the claim. IN NO EVENT SHALL PROTUS, ITS LICENSORS OR THE PARENT, SUBSIDIARIES OR
AFFILIATES OF ANY OF THEM BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES SUFFERED BY CUSTOMER OR ANY THIRD PARTY, INCLUDING WITHOUT
LIMITATION, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF REVENUES OR PROFITS, LOSS
OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING WITHOUT LIMITATION,
LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS,
PERFORMANCE OR FAILURE OF THE INTERNET OR PROTUS' INTERNET SERVICE PROVIDER, OR
DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF PROTUS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.
Any personal information you provide to us shall be handled according to Protus'
TERMS AND CONDITIONS REVISIONS
Protus may revise these terms and conditions by updating this posting.
You agree that in the event any portion of these terms and conditions are found
to be unenforceable, the remainder of these Site terms and conditions shall remain
in full force and effect. By using this Site you agree to be bound by any such revisions
and should therefore periodically visit this page to determine the then current
terms and conditions to which you are bound.