PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICES ("Services") PROVIDED BY SmartFax™, INC. ("SmartFax™").

SmartFax™ RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT WISH COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.

USE SERVICES Upon acceptance of this Agreement, SmartFax™ hereby grants to Subscriber a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for Subscriber's use.

SmartFax™’s PROPRIETARY RIGHTS. As between the parties, SmartFax™ shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other associated intellectual property rights thereto, including without limitation with respect to all technology and advertised telephone numbers used in connection with or provided as part of the Services.

SUBSCRIBER REGISTRATION Subscriber agrees to provide true, accurate, current and complete data to SmartFax™ upon signing up for the Services and at subsequent times as requested by SmartFax™. Subscriber is solely responsible for the maintaining the confidentiality of Subscriber's password and PIN, and will be responsible for all transactions and activities that occur as a result of Subscriber's disclosure of such password and/or PIN, whether or not such transactions and/or activities were authorized by Subscriber.

TERMINATION SmartFax™ RIGHTS TO RESTRICT OR CANCEL SERVICE FOR THIS AGREEMENT. To maintain or improve the Services, to prevent fraudulent transactions, or for any other reason determined by SmartFax™, SmartFax™, at its sole discretion, may restrict, suspend, terminate or modify Subscriber's service with or without notice. Without limiting the generality of the foregoing, SmartFax™ may restrict, suspend or terminate Subscriber's Services with or without notification for reasons including, but not limited to:

SmartFax™ believes or suspects that Subscriber's account is being misused or used by anyone for unlawful activity or is being used fraudulently

SmartFax™ believes or suspects that the use of Subscriber's account directly or indirectly affects or can potentially affect service to other customers

SmartFax™ believes or suspects that the use of Subscriber's account indirectly or directly affects or has can potentially affect SmartFax™ 's operations.

SmartFax™ free trial provides unlimited incoming faxes. If a customer would like to send out fax, a 5 cent charge may have to paid.

Upon any termination in accordance with the foregoing, SmartFax™ may immediately deactivate or erase Subscriber's account and other associated data and files in Subscriber's account, hold any telephone numbers associated with the account, and/or bar any further access to such files, information, or the Services. SmartFax™ shall not be liable to Subscriber or any third party for any reason for terminating this Agreement or access to Services or for modifying this Agreement and/or the Services.

PORTABILITY of PHONE NUMBERS Phone numbers including toll free phone numbers are “portable” in nature as provided by law and the ownership of the number is registered to the USER. SmartFax™ however holds the right to control the number if there is outstanding balance on the account.

Warranty Disclaimer THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. SmartFax™ exercises no control whatsoever over the content of the information passing through SmartFax™'s system. Use of any information obtained via SmartFax™ is at User's risk. Neither SmartFax™ nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does SmartFax™ make any warranty as to SmartFax™ use of the Service. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY SmartFax™, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER SmartFax™ NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability UNDER NO CIRCUMSTANCES SHALL SmartFax™, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT SmartFax™ IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, SmartFax™ LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of SmartFax™ in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold SmartFax™, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by SmartFax™, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify SmartFax™ in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and SmartFax™ shall confer as to and agree on the legal counsel(s) to be selected in any such defense. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.

Age Limit User represents to SmartFax™ that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

INTERNATIONAL USE International accessing SmartFax™ service from other locations where the service is illegal is prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Subscriber resides.

MODIFICATION TO SERVICES. During the term of this Agreement, SmartFax™ may modify or discontinue the Services at any time and with or without notifying the Subscriber. Without limiting the generality of this agreement, SmartFax™ may, from time to time, with or without notification and at its sole discretion, establish or change various practices, limitations and restrictions for administering such Services, including without limitation: (a) how often all or a part of the Services or account may be accessed; (b) the duration of any access; (c) the maximum number of days that fax messages or postings will be retained; (d) the maximum number of fax messages or postings allowed; (e) the size and nature voice messages and postings; (f) the maximum storage space available for an account; and (g) any other matter related to the administration of the Services. Subscriber agrees that SmartFax™ shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of emails, fax messages, communications, postings, data or information as a result of, or arising out of, administration of the Services, whether or not Subscriber is given prior notice thereof. SmartFax™ may delete accounts that are inactive for an extended period of time. SmartFax™ shall not be liable to the Subscriber or any third party for any reason for SmartFax™ changing or canceling the Services, in whole or in part. Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Services. SmartFax™ shall not be responsible or liable in any way for any information or data loss in connection with the Services. SmartFax™ reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site. Use of the Services signifies Subscriber's agreement to all terms, conditions and notices contained or referenced herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber. It is the Subscriber’s responsibility to regularly check on the SmartFax™ website to check on any modification to this agreement. If Subscriber does not agree to the changes, Subscriber shall immediately cease all use of the Services.

RULES AND REGULATIONS Subscriber shall be solely liable for any transmissions sent through the Service. SmartFax™ has no control over the content of any transmission nor will it be liable for such content. Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party's rights, or illegal. Further, Subscriber will abide by all rules, regulations, procedures and policies of SmartFax™ and any policies of the networks connected to the Services. Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account or password, including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:

SmartFax™ is under no obligation to monitor and track the information or content available or transmitted through the Services. Subscriber agrees that SmartFax™ shall have the right, but not the obligation, at its sole discretion, to refuse or remove any content, in whole or in part, that violates this Agreement or is otherwise objectionable. Subscriber acknowledges and agrees that SmartFax™ may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

Comply with legal process

Subscriber may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to SmartFax™. Such information shall be deemed non-confidential and SmartFax™ assumes no obligation to protect such information from disclosure. The submission of such information to SmartFax™ shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by SmartFax™ for any purpose whatever. SmartFax™ shall be free to reproduce, use, disclose and distribute such information to others without restriction. Subscribers shall have no recourse against SmartFax™ for alleged infringement or misappropriation in connection with any information or materials submitted to SmartFax™ hereunder.

ELECTRONIC TRANSACTIONS Subscriber agrees that by entering into transactions with SmartFax™, Subscriber confirms consent to receive all information, copies of agreements and correspondence ("Documents") from SmartFax™ in an electronic format, and to also send information to SmartFax™ in an electronic format, either through Subscriber's account or via email, at SmartFax™'s discretion. Subscriber agrees to treat any such electronic Documents received from SmartFax™ or sent to SmartFax™ as being legally equivalent to any "written" information Subscriber would receive or send in print or by postal mail. Subscriber's transactions with SmartFax™ indicates that Subscriber agrees to treat all electronic Documents received from or sent to SmartFax™ as having full legal enforceability and legal effect. In any situation where Subscriber's signature may be required to process a transaction, compliance with a commercially reasonable attribution procedure agreed to or adopted by the parties or established by law for authenticating a record shall authenticate the record. Without limiting the foregoing, the parties agree that if Subscriber enters the username of Subscriber's account, and enters the UIN number associated with the account , such process shall constitute a legally-binding signature by Subscriber. Subscriber acknowledges and agrees that SmartFax™ will not be responsible for Subscriber's failure to receive any electronic Documents, and in the event Subscriber is expecting to receive some electronic Documents that in fact Subscriber does not receive, Subscriber will notify SmartFax™ immediately. Subscriber further acknowledges and agrees that Subscriber's responsibilities or the methods by which SmartFax™ sends Subscriber electronic Documents may be altered from time to time, at Smartfax.com's discretion, and SmartFax™ will give Subscriber advance notice of such changes.

Billing Policy Subscriber agrees that all payments will be made to SmartFax™ (SmartFax™) via credit or debit card, issued by a US bank, including MasterCard®, AMEX®, VISA®, or Discover®. SmartFax™ may change the credit cards accepted at any time, at its sole discretion. Subscriber's name and address as it appears on Subscriber's SmartFax™ account must also be on the credit account from which Payment is made. If Subscriber provides a credit card number that SmartFax™ accepts for payment of Subscriber's monthly bills, Subscriber is authorizing SmartFax™ to charge the amounts Subscriber owes, then or later, to that credit card account and to demand immediate payment from the card issuer. Subscriber also agrees to pay, under the terms of Subscriber's agreement with the card's issuer, the amounts charged to Subscriber's credit card. Every time Subscriber uses SmartFax™ Services, Subscriber re-affirms that SmartFax™ is authorized to charge Subscriber's card. Subscriber agrees to authorize SmartFax™ to charge purchases made online to the credit card account supplied to SmartFax™. Payment is due in advance. In the event a customer's account is past due or a recurring credit card charge is not accepted or a check declined by Customer's bank, SmartFax™ will notify Customer of billing problem by email. SmartFax™ will not be responsible for receipt of email by Customer. It is Customer's sole responsibility to keep abreast of timely payment for SmartFax™'s services. Failure of Customer to rectify billing problems nor enable SmartFax™ to collect balances due or outstanding charges within specified periods after email is sent by SmartFax™ notifying Customer of problem, or inability of SmartFax™ to collect balances due may result in suspension or cancellation of Customer's services until rectified, and/or revocation of Customer's Service Agreement. Details:

Initial Payment First payment must include setup fee or setup cost, depending on the package. *Note: Setup up fee is non-refundable. Customer's credit cards would be charged on their anniversary dates. This is the date they signed up for the service. Invoices and/or bills will be release through email 15 days before the due date. Example: If you signed up on the 15th of August, your billing date would be every 15th of the month and so on. *Note: Special payment is negotiable. Email us at billing@ SmartFax™ Special payment rates would need to have a written authorization/agreement between the customer and SmartFax™.

Credit Card Users Credit card customers will receive an email notice stating the amount charged to his/her credit card. If the credit card cannot be processed due to credit declined, call issuer, invalid card, etc. a $2 administrative charge will be added to your bill, invoice or balance due. *Note: The $2 will be charged to your account for each failed/declined attempt in charging your credit card. SmartFax™ will not be responsible for any telephone company charges (voice or data) resulting from use of SmartFax™ 's system or network accessing users account. Customer is responsible of making sure that the access number they are using is a local access number for them. Charges not disputed within 60 days are considered valid and legitimate. We only accept checks/money order payments for advance payments modes. For other payment modes, please contact us.

CANCELLATION. Customers are required send an email to SmartFax™ with the following details:

Such notice will only be honored upon receipt. Customer should verify receipt of cancellation notice with SmartFax™ by contacting SmartFax™ support and receiving acknowledgement of cancellation notice. Monthly service charges will not be pro-rated on the month of cancellation. Pro-rated refunds also will not be honored. Cancellation requests are only processed on weekdays, between 10:00 AM to 7:00 PM EST.

Limitations on Service. SmartFax™ PRO free trial involves 30 days free unlimited inbound and free 30 outbound faxes.  Each page over 30 pages outbound is equal to default outbound rate of 5 cents per page. Fax broadcast is not enabled. SmartFax™ Unlimited Local offers unlimited inbound and outbound fax.  SmartFax™ Unlimited Toll Free offers unlimited inbound and outbound fax.  For SmartFax™ Unlimited Local and SmartFax™ Unlimited Toll Free, fax broadcast feature is limited to 200 pages at a time to prevent abuse of system.

Dispute Procedure All refunds must be approved and processed by the accounting department after intensive investigation. Refunds will be processed within fourteen (14) days of receipt of your request if there is no dispute. SmartFax™ requires fourteen (14) days to investigate billing and payment disputes. During such time SmartFax™ will not take any action against customer if it appears that a good faith dispute exists. If a dispute involves a bank or credit card payment and a refund is due the refund will be credited directly to the issuing bank or credit card source.

Overdraft Charges SmartFax™ subscribers are notified by electronic mail and informed during sign up about the recurring charges set on the subscriber’s account. It is the Subscriber’s responsibility to monitor account charges and SmartFax™ holds no responsibility in compensating for overdraft charges incurred in a Subscriber’s account due to a recurring charge. 

Due Date and Late Payment If an existing customer's account is not fully paid within two days after their anniversary date in which fees are due, SmartFax™ may suspend Customer's account. If the customer makes no payment within thirty (30) days after due date all information in client's database and/or account may be deleted. Payment due will be forwarded to the collections agency. If client wishes to re-establish service again he/she must re-apply as a new user or pay the reactivation fee of $5.

Refunds SmartFax™ does not offer pro-rated refunds past the 30 day money back guarantee. But in very rare circumstances a refund may be given to customer. This is if and when after thorough investigation by the company's Accounting department, it is proven that the refund request is a valid one. For every valid refund request: SmartFax™ has the right to charge the customer $5 for administrative fee, bank charges, and processing fee incurred by the company from the cancellation. Refund requests due to services not used will not be approved. Customers are advised to call for technical assistance if they are having technical problems. No refunds will be given to technical issues that can be remedied especially if the issue is on the subscriber’s end.

Charge Backs Clients who filed an invalid/wrong charge back will be charged $30 per transaction.

Payment Mode In cases which customer wishes to request a special billing of payment mode, he/she needs to send an email confirmation to billing@ SmartFax™ as authorization of the request. * Changes and modifications in this billing policy are updated in the website. It is the customer's obligation to visit the website, www. SmartFax™ for more billing updates. For any reason that the customer failed to update payment, SmartFax™ reserves the right to charge the existing credit card and checking account on file for all the services used. SmartFax™ reserves the right to change prices at any time without prior notice to its customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

No Confidentiality Information transmitted through SmartFax™ and through the Internet in general is not confidential. SmartFax™ cannot and shall not guarantee privacy or protection of any User. SmartFax™ reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of SmartFax™.

Non-transferable The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User accounts. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup SmartFax™ does not and will not perform system backups on any User's E-mail account(s). SmartFax™ shall not be held responsible for any lost E-mail/ fax message data, email attachments, or any E-mail/voicemail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, SmartFax™ will not provide historical data, to any party for any reason, regarding any system, telephone or Internet activity. SmartFax™ does not and will not perform system backups on any User's personal web site account(s). SmartFax™ shall not be held responsible for any lost web/voicemail data, web/voicemail files, or any web/voicemail site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, SmartFax™ will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions SmartFax™ may deny User access to all or part of the Service without notice if User engages in any conduct or activities that SmartFax™ in its sole discretion believes violates any of the terms and conditions in this Agreement. If SmartFax™ denies User access to the Service because of such a violation, User shall have no right (1) to access through SmartFax™ any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through SmartFax™, and SmartFax™ shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous User authorizes SmartFax™ to enforce these restrictions by appropriate software and network measures, automated and manual. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SmartFax™ shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of SmartFax™. In any action between SmartFax™ and User to enforce any of the terms of this Agreement, SmartFax™ shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and SmartFax™ with respect to the Service.