GuiFax Terms of Service
Important Note: GuiFax may revise this Terms of Service (the "Policy") from time
to time without notice by posting a new version of this document on the GuiFax
Web site at http://www.guifax.com/ (or any successor URL(s)). All revised copies
of the Policy are effective immediately upon posting. Accordingly, customers and
users of the GuiFax should regularly visit our web site and review this Policy
to ensure that their activities conform to the most recent version. In the event
of a conflict between any subscriber or customer agreement and this Policy, the
terms of this Policy will govern. Questions regarding this Policy and complaints
of violations of it by GuiFax customers and users can be directed to GuiFax,
8001-E N Mesa #170 El Paso, TX 79912.
GuiFax Internet Terms of Service
It is GuiFax’s intent to provide our customers with fast, high-performance,
secure, cost-effective Internet solutions for small and medium businesses. In
order to accomplish this task, we have adopted this Terms of Service (the "TOS"
or "Policy"). This Policy outlines acceptable use and rights of the GuiFax
Internet service and related applications (the "Service"), as well as
permissible and prohibited conduct for using the Service to access the Internet
(including email fax). This Policy, including its customer use restrictions, is
in addition to the restrictions contained in the GuiFax Subscriber Agreement
(the "Subscriber Agreement"). All capitalized terms used in this TOS that are
not defined here have the meanings given to them in the Subscriber Agreement.
It is the responsibility of all GuiFax customers and all others who have
access to GuiFax’s network ("customer," "you," or "your"), to comply with this
TOS and all GuiFax policies. As a Service customer, it is your responsibility to
secure your computer equipment so that it is not subject to external threats
such as viruses, spam, and other methods of intrusion. Failure to comply with
these or any other GuiFax policies could result in the suspension or termination
of your Service. If you do not agree to comply with all of these policies
including the TOS, you must immediately stop use of the Service and notify
GuiFax so that your account may be closed.
Note: GuiFax reserves the right to immediately terminate the Service and the
Subscriber Agreement if you engage in any of the prohibited activities listed in
this TOS or if you use the GuiFax Equipment or Service in a way which is
contrary to any GuiFax policies or any of GuiFax 's suppliers' policies. You
must strictly adhere to any policy set forth by another service provider
accessed through the Service.
PROHIBITED USES AND ACTIVITIES
Prohibited uses include, but are not limited to, using the Service, Customer
Equipment, or the GuiFax Equipment to: i. undertake or accomplish any unlawful
purpose. This includes, but is not limited to, posting, storing, transmitting or
disseminating information, data or material which is libelous, obscene,
unlawful, threatening, defamatory, or which infringes the intellectual property
rights of any person or entity, or which in any way constitutes or encourages
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, federal or international law, order or
regulation;
ii. post, store, send, transmit, or disseminate any information or material
which a reasonable person could deem to be objectionable, offensive, indecent,
pornographic, harassing, threatening, embarrassing, distressing, vulgar,
hateful, racially or ethnically offensive, or otherwise inappropriate,
regardless of whether this material or its dissemination is unlawful;
iii. access any other person's computer or computer system, software, or data
without their knowledge and consent; breach the security of another user; or
attempt to circumvent the user authentication or security of any host, network,
or account. This includes, but is not limited to, accessing data not intended
for you, logging into or making use of a server or account you are not expressly
authorized to access, or probing the security of other hosts, networks, or
accounts;
iv. use or distribute tools designed or used for compromising security, such as
password guessing programs, decoders, password gatherers, analyzers, cracking
tools, packet sniffers, encryption circumvention devices, or Trojan Horse
programs. Unauthorized port scanning, for any reason, is strictly prohibited;
v. upload, post, publish, transmit, reproduce, create derivative works of, or
distribute in any way information, software or other material obtained through
the Service or otherwise that is protected by copyright or other proprietary
right, without obtaining permission of the owner;
vi. copy, distribute, or sublicense any software provided in connection with the
Service by GuiFax or any third party, except that you may make one copy of each
software program for back-up purposes only;
vii. restrict, inhibit, or otherwise interfere with the ability of any other
person, regardless of intent, purpose or knowledge, to use or enjoy the Service,
including, without limitation, posting or transmitting any information or
software which contains a worm, virus, or other harmful feature, or generating
levels of traffic sufficient to impede others' ability to send or retrieve
information;
viii. restrict, inhibit, interfere with, or otherwise disrupt or cause a
performance degradation, regardless of intent, purpose or knowledge, to the
Service or any GuiFax (or GuiFax supplier) host, server, backbone network, node
or service, or otherwise cause a performance degradation to any GuiFax (or
GuiFax supplier) facilities used to deliver the Service;
ix. resell the Service or otherwise make available to anyone outside the
Premises the ability to use the Service (i.e. wi-fi, or other methods of
networking), in whole or in part, directly or indirectly, or on a bundled or
unbundled basis. You agree not to use the Service for operation as an Internet
service provider or for any business enterprise or purpose, or as an end-point
on a non-GuiFax local area network or wide area network. However, such use is
permissible with the express written permission of GuiFax ;
x. connect multiple computers behind the router to set up a LAN (Local Area
Network) that in any manner would result in a violation of the terms of this
Policy or an applicable Service plan;
xi. transmit unsolicited bulk or commercial messages or "spam." This includes,
but is not limited to, unsolicited advertising, unsolicited email faxing,
promotional materials or other solicitation material, bulk mailing of commercial
advertising, chain mail, informational announcements, charity requests, and
petitions for signatures;
xii. send numerous copies of the same or substantially similar messages, empty
messages, or messages which contain no substantive content, or send very large
messages or files to a recipient that disrupts a server, account, newsgroup, or
chat service;
xiii. distribute programs that remove locks or time-outs built into software
(cracks);
xiv. initiate, perpetuate, or in any way participate in any pyramid or other
illegal soliciting scheme;
xv. participate in the collection of email addresses, screen names, or other
identifiers of others (without their prior consent), a practice sometimes known
as spidering or harvesting, or participate in the use of software (including "spyware")
designed to facilitate this activity;
xvi. collect responses from unsolicited messages;
xvii. impersonate any person or entity, engage in sender address falsification,
forge anyone else's digital or manual signature, or perform any other similar
fraudulent activity;
xviii. service, alter, modify, or tamper with the GuiFax Equipment or Service or
permit any other person to do the same who is not authorized by GuiFax ;
xix. connect the GuiFax Equipment to any computer outside of your Premises;
xx. collect, or attempt to collect, personal information about third parties
without their consent;
xxi. interfere with computer networking or telecommunications service to any
user, host or network, including, without limitation, denial of service attacks,
flooding of a network, overloading a service, improper seizing and abuse of
operator privileges and attempts to "crash" a host;
and xxii. violate the rules, regulations, or policies applicable to any network,
server, computer database, or Web site that you access.
SECURITY
You are responsible for any misuse of the Service, even if the misuse was
committed by a friend, family member, employee, or guest with access to your
Service account. Therefore, you must take steps to ensure that others do not use
your account to gain unauthorized access to the Service by, for example,
strictly maintaining the confidentiality of your Service login and password. In
all cases, you are solely responsible for the security of any device you choose
to connect to the Service, including any data stored or shared on that device.
GuiFax recommends against enabling file or printer sharing of any sort unless
you do so in strict compliance with all security recommendations and features
provided by GuiFax and the manufacturer of the applicable file or printer
sharing devices. Any files or devices you choose to make available for shared
access on a home LAN, for example, should be protected with a strong password or
as otherwise appropriate.
INAPPROPRIATE CONTENT AND TRANSMISSIONS
GuiFax reserves the right, but not the obligation, to refuse to transmit or post
and to remove or block any information or materials, in whole or in part, that
it, in its sole discretion, deems to be offensive, indecent, or otherwise
inappropriate, regardless of whether this material or its dissemination is
unlawful. Neither GuiFax nor any of its affiliates, suppliers, or agents have
any obligation to monitor transmissions or postings (including, but not limited
to, email, newsgroup, and instant message transmissions as well as materials
available on the Personal Web Pages and Online Storage features) made on the
Service. However, GuiFax and its affiliates, suppliers, and agents have the
right to monitor these transmissions and postings from time to time for
violations of this Policy and to disclose, block, or remove them in accordance
with the Subscriber Agreement and any other applicable agreements and policies.
ELECTRONIC MAIL & EMAIL FAX SERVICE
The Service may not be used to send unsolicited bulk or commercial email and
email faxes and may not be used to collect responses from unsolicited email and
email faxes sent from accounts on other Internet hosts or email and email fax
services that violate this Policy or the Terms of Service of any other Internet
service provider. Moreover, unsolicited email and email faxes may not direct the
recipient to any Web site or other resource that uses the Service. Activities
that have the effect of facilitating unsolicited commercial email or email faxes
or unsolicited bulk email or email faxes, whether or not the email or email fax
is commercial in nature, are prohibited. Forging, altering, or removing
electronic mail or fax headers are prohibited. You may not reference GuiFax or
the GuiFax network (e.g. by including "Organization: GuiFax " in the header or
by listing an IP address that belongs to GuiFax or the GuiFax network) in any
unsolicited email or email fax even if that email or email fax is not sent
through the GuiFax network or Service.
The facsimile element of the Service may not be used for purposes beyond regular
business use - that is, the amount of faxes sent inbound must be roughly equal
to those sent outbound, and the volume of faxes sent and received should be
reasonable and consistent with that of single-fax line business use. GuiFax will
terminate those who utilize the unlimited facsimile service in extraordinary
volume, even if the facsimiles are solicited by third parties or you.
GuiFax is not responsible for forwarding email or email faxes sent to any
account that has been suspended or terminated. The email or email faxes will be
returned to the sender, ignored, deleted, or stored temporarily at GuiFax’s sole
discretion. In the event that GuiFax believes in its sole discretion that any
subscriber name, account name, or email address (collectively, an "identifier")
on the Service may be used for, or is being used for, any misleading,
fraudulent, or other improper or illegal purpose, GuiFax (i) reserves the right
to block access to and prevent the use of any such identifier and (ii) may at
any time require any customer to change his or her identifier. In addition,
GuiFax may at any time reserve any identifiers on the Service for GuiFax’s own
purposes.
PERIPHERAL APPLICATION(S) and INTELLECTUAL PROPERTY RIGHTS
The Service you purchase may include licensed software application(s)
("Applications") belonging to GuiFax and/or third parties. GuiFax grants you a
nonexclusive, nontransferable sub-license or license the accompanying
Applications in executable form, subject to the terms and restrictions set forth
in this Policy. No license is granted to you in the human readable code of the
Application(s) (the source code).
GuiFax alone (and its licensors, where applicable) shall own all right, title
and interest, including all related unpatented inventions, patent applications,
patents, design rights, copyrights, trademarks, service marks, trade names,
domain name rights, mask work rights, know-how and other trade secret rights,
and all other intellectual property rights, derivatives thereof, and forms of
protection of a similar nature anywhere in the world ("IP Rights") in and to the
Service, any suggestions, ideas, enhancement requests, feedback, recommendations
or other information provided by you or any other party relating to the Service.
This Agreement is not a sale of IP Rights and does not convey to you any rights
of ownership in or related to the Service or the IP Rights owned by GuiFax or
third parties. The GuiFax name, the GuiFax logo, and the product names
associated with the Service are trademarks of GuiFax or third parties, and no
right or license is granted to use them.
NETWORK, BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS
You must comply with all current bandwidth, data storage, and other limitations
on the Service established by GuiFax and its suppliers.
You must ensure that your activity (including, but not limited to, use made
by you or others of any Personal Web Features) does not improperly restrict,
inhibit, or degrade any other user's use of the Service, nor represent (in the
sole judgment of GuiFax) an unusually large burden on the network. In addition,
you must ensure that your activities do not improperly restrict, inhibit,
disrupt, degrade or impede GuiFax 's ability to deliver the Service and monitor
the Service, backbone, network nodes, and/or other network Services.
OWNERSHIP OF NUMBER
You understand and agree that you are not the owner of any telephone number
assigned to you by GuiFax. Ownership of any such phone number is vested solely
in GuiFax (who will assign or re-assign such numbers to you for your use during
the term of this agreement). You understand and agree that (a) GuiFax may from
time to time need to change the number assigned to you (due to an area code
split or for any other reason outside of GuiFax’s control) and (b) following the
termination of your GuiFax account for any reason you will no longer have access
to such number. In either case, such phone number may be re-assigned immediately
to another customer and you agree that GuiFax 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 contract, tort or other grounds, even if GuiFax
has been advised of the possibility of damages.
COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for
copyright owners who believe that their rights under U.S. copyright law have
been infringed on the Internet. Under the law, copyright owners who believe that
their rights have been infringed by unauthorized use of their protected works
appearing online may contact the service provider hosting the material in
question, directly or through their authorized agents, and request that the
infringing material be removed or access to it disabled.
GuiFax takes allegations of copyright infringement very seriously. If you
believe in good faith that GuiFax is the hosting service provider of material
that infringes your copyright, you may submit a written notification of claimed
infringement to GuiFax ' designated agent:
By Mail:
DMCA Designated Agent
GuiFax
8001-E N Mesa #170
El Paso, TX 79912
915-555-1212
By Fax:
915-555-1212
By Email:
copyright@guifax.com
NOTE: No other notices or communications should be sent to the designated
agent, who is appointed solely for the purpose of receiving notices of copyright
claims under the DMCA.
Specific requirements for proper notification of claimed infringement are set
forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a
written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the
owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the
subject of infringing activity and information reasonably sufficient to permit
the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to
contact the complaining party (address, phone number and, if available, email
address);
- A statement that the complaining party has a good faith belief that use of
the material in the manner complained is not authorized by the copyright
owner, its agent, or the law;
- A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of the exclusive right allegedly being infringed. Please
be aware that there are substantial penalties for false claims. If a notice of
copyright infringement has been wrongly filed against you, you may submit a
counter notification to the service provider's designated agent. A valid
counter notification is a written communication that incorporates the
following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before it
was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief
that the material was removed or disabled as a result of mistake or
misidentification;
- Your name, address, and telephone number, and a statement that you consent
to the jurisdiction of federal district court for the judicial district in
which the address is located, or if your address is outside of the U.S., for
any judicial district in which the service provider may be found, and that you
will accept service of process from the complainant.
This information should not be construed as legal advice. We advise that you
seek independent legal counsel before filing a notification or
counter-notification. For further information about the DMCA, please visit the
Web site of the U.S. Copyright Office at: http://www.copyright.gov/onlinesp.
VIOLATION OF TERMS OF SERVICE
GuiFax does not routinely monitor the activity of Service accounts for violation
of this TOS. However, in our efforts to promote good citizenship within the
Internet community, we will respond appropriately if we become aware of
inappropriate use of our Service. Although GuiFax has no obligation to monitor
the Service and/or the network, GuiFax and its suppliers reserve the right at
any time to monitor bandwidth, usage, transmissions, and content from time to
time to operate the Service; to identify violations of this Policy; and/or to
protect the network, the Service and GuiFax users.
GuiFax prefers to advise customers of inappropriate behavior and any necessary
corrective action. However, if the Service is used in a way that GuiFax or its
suppliers, in their sole discretion, believe violate this TOS, GuiFax or its
suppliers may take any responsive actions they deem appropriate. These actions
include, but are not limited to, temporary or permanent removal of content,
cancellation of newsgroup posts, filtering of Internet transmissions, and the
immediate suspension or termination of all or any portion of the Service.
Neither GuiFax nor its affiliates, suppliers, or agents will have any liability
for any these responsive actions. These actions are not GuiFax’s exclusive
remedies and GuiFax may take any other legal or technical action it deems
appropriate.
GuiFax reserves the right to investigate suspected violations of this TOS,
including the gathering of information from the user or users involved and the
complaining party, if any, and examination of material on GuiFax’s servers and
network. During an investigation, GuiFax may suspend the account or accounts
involved and/or remove or block material that potentially violates this Policy.
You expressly authorize GuiFax and its suppliers to cooperate with (i) law
enforcement authorities in the investigation of suspected legal violations, and
(ii) and system administrators at other Internet service providers or other
network or computing facilities in order to enforce this Policy. This
cooperation may include GuiFax providing available personally identifiable
information about you to law enforcement or system administrators, including,
but not limited to, username, subscriber name, and other account information.
Upon termination of your account, GuiFax is authorized to delete any files,
programs, data and email messages associated with your account.
The failure of GuiFax or its suppliers to enforce this TOS, for whatever reason,
shall not be construed as a waiver of any right to do so at any time. You agree
that if any portion of this Policy is held invalid or unenforceable, that
portion will be construed consistent with applicable law as nearly as possible,
and the remaining portions will remain in full force and effect.
LIMITATION OF DAMAGES
GUIFAX IS PROVIDED "AS IS" AND IN NO EVENT WILL GUIFAX , ITS EMPLOYEES,
CONTRACTORS, SUB-CONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES,
SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT
LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER,
EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS.
If you are dissatisfied with this Agreement or any terms, policies, or practices
of GuiFax or any change to any of the foregoing, your sole recourse is to cancel
your service.
INDEMNIFICATION
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS,
EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS,
PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS,
DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR
THAT ARISE FROM YOUR USE OR MISUSE OF ANY GOODS OR SERVICES, OR FOR INFRINGEMENT
BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHT OF ANY THIRD
PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO
INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT. Your
indemnification will survive any termination of the Subscriber Agreement.
GOVERNING LAWS IN CASE OF DISPUTE
If any dispute arises under the terms of this Agreement, the parties agree to
select a mutually agreeable neutral third party to help mediate via telephonic
conference. If the mediation is unsuccessful, the parties agree that the dispute
shall be decided under the arbitration via telephonic conference. The decision
of the arbitrator shall be final. Costs and fees (other than attorney fees)
associated with the mediation or arbitration shall be shared equally by the
parties. Each party shall be responsible for its attorneys' fees associated with
arbitration. This Agreement shall be governed by and construed in accordance
with the laws of the state of El Paso County Texas USA, as they apply to
agreements made and solely performed therein.
INFORMATION FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, users that are residents of
California are entitled to the following consumer rights information: the
Complaint Assistance Unit of the Division of Consumer Services may be contacted
in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at
(916) 445-1254.