Our Legal Policy
This agreement was modified: 8/6/2008 10:36:46 AM
By visiting this site, and any other affiliated Data Fabrication, Inc. sites, and/or using the products and/or services of Data Fabrication, Inc. and any affiliated companies or subsidiaries, you agree to the following:
This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. Data Fabrication, Inc. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Data Fabrication, Inc. assumes no responsibility regarding the accuracy of the information that is provided by Data Fabrication, Inc. and use of such information is at the recipient's own risk. Data Fabrication, Inc. provides no assurances that any reported problems may be resolved with the use of any information that Data Fabrication, Inc. provides. By furnishing information, Data Fabrication, Inc. does not grant any licenses to any copyrights, patents or any other intellectual property rights.
Data Fabrication, Inc. does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Data Fabrication, Inc. will be deemed NOT to be confidential. By sending Data Fabrication, Inc. any information or material, you grant Data Fabrication, Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Data Fabrication, Inc. is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Data Fabrication, Inc.'s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Data Fabrication, Inc. off this web site, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Data Fabrication, Inc. makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-Data Fabrication, Inc. Web site, even one that may contain the Data Fabrication, Inc.-logo, please understand that it is independent from Data Fabrication, Inc., and that Data Fabrication, Inc. has no control over the content on that Web site. In addition, a link to a non-Data Fabrication, Inc. Web site does not mean that Data Fabrication, Inc. endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
By visiting this site and/or utilizing Data Fabrication, Inc.'s products and/or services, you agree to use said products and/or services for legal purposes only, and in accordance with our Acceptable Use Policy.
The following constitute violations of our Acceptable Use Policy:
a. Illegal use. Using the Products and/or Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
b. Harm to minors. Using the Products and/or Services to harm, or attempt to harm minors in any way.
c. Threats. Using the Products and/or Services to transmit any material (by email, fax, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Harassment. Using the Products and/or Services to transmit any material (by email, fax, uploading, posting, or otherwise) that harasses another.
e. Fraudulent activity. Using the Products and/or Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam including but not limited to "pyramid schemes," "Ponzi schemes," and "chain letters."
f. Forgery or impersonation. Adding, removing or modifying identifying fax header, or network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
g. Unsolicited commercial email or faxes/Unsolicited bulk email or faxes. Using the Services to transmit any unsolicited commercial email or faxes, or unsolicited bulk email or faxes. Activities that have the effect of facilitating unsolicited commercial email or faxes, or unsolicited bulk email or faxes whether or not that email is commercial in nature, are prohibited.
i. Copyright or trademark infringement. Using the Services to transmit any material (by email, fax, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
j. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Reselling the services. Reselling the Products and/or Services without Data Fabrication, Inc.'s authorization.
You agree that Data Fabrication, Inc. is the exclusive owner and controller of all fax numbers assigned to customers through its various products and services, and said numbers are for use only with Data Fabrication, Inc. products, and said numbers will not be transferred to any other service, company, phone system, telecommunications system, or any non-Data Fabrication, Inc. product or service.
You agree that Data Fabrication, Inc. has the right to change or remove any fax numbers assigned to customers through its various products and services at any time for any reason whatsoever. In the event of such a change or removal, Data Fabrication, Inc. will adjust any plan or service pricing to match its current pricing structure.
You agree that Data Fabrication, Inc. 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 Data Fabrication, Inc.
IN NO EVENT WILL DATA FABRICATION, INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, ITS PRODUCTS, ITS SERVICES OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED BY DATA FABRICATION, INC. ON AN "AS IS" BASIS ONLY. DATA FABRICATION, INC. PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Unless specifically asked to delete files at the end of each day, Data Fabrication, Inc. will keep archived files sent or received for faxing products for a maximum 30 days. We do not guarantee the availability of any archived files for any period of time. It is customer's responsibly for keeping their own backups and archives of files. We do offer an optional extended "Archive CD service" which provides a ZIP file of all sent or received files from the previous month. These ZIP files are available for download by the 15th of the following month. It is customer's responsibility for downloading, storing, and/or backing up these ZIP files on their own systems.
a. You agree to allow Data Fabrication, Inc. to automatically charge your credit card on file for any and all charges for your use of Products. Said charges will be based on the prices in effect at the time of your usage of Products. All charges will be posted to the Products' web site(s), and you are responsible for reviewing said pricing on a regular basis. Usage of Products shall constitute your approval and acceptance of any changes to any pricing, as well it shall constitute your agreement with this entire Legal Policy.
b. You are responsible for all payments due that cannot be obtained by Data Fabrication, Inc. from your credit card on file. Data Fabrication, Inc. will attempt to periodically charge your credit card on file for any charges that were previously denied.
c. You agree that Data Fabrication, Inc. may submit multiple charges incurred to your credit card as one or more charges.
d. All charges are COMPLETELY NON-REFUNDABLE, except for your first month's monthly charge (minus any set-up fees and used charges for faxing), for monthly plans only. Requests for refunds will only be honored if submitted via the "contact" page on the Product's web site, within 15 calendar days of your first charge to the account. If you do request a refund, in accordance with this Legal Policy, your account will be permanently disabled and cancelled. Any and all other charges, including but not limited to charges for yearly plans, charges for faxing, charges to refill your "fax send" and/or "fax receive" credits, are COMPLETELY NON-REFUNDABLE.
e. You agree that if, for whatever reason, Data Fabrication, Inc. cannot charge your credit card for any payment, your account may be temporarily or permanently disabled, at Data Fabrication, Inc.'s sole discretion.
f. You agree that it is your responsibility to provide Data Fabrication, Inc. with a valid credit card, with enough funds for any and all charges, at all times. You agree to notify Data Fabrication, Inc. with any changes to your credit card's expiration date and/or credit card number.
g. You agree that charges for sending faxes and/or receiving faxes shall be paid automatically in advance via a charge to your credit card which will be deposited into your account's "fax send" or "fax receive" credit, which will be depleted for all faxes sent and/or received according to our current faxing rates. If, at any time, your account "fax send" and/or "fax receive" credit goes below a certain amount (as may be established and/or changed by Data Fabrication, Inc. from time to time in its sole discretion), you agree to allow Data Fabrication, Inc. to charge your credit card to fill your account with credit for future fax sending and/or fax receiving with a minimum amount specified by your account's "Base Charge Amount" setting. It is your responsibility to monitor your own usage and/or check on the status of your account credits via the Product's login section of its website. For fax and email minutes or pages purchased as part of your monthly plan do not roll over to the next month, and are only from the date of a monthly subscription charge to the date of the next monthly subscription charge.
h. If you wish to cancel your account, you must follow Data Fabrication, Inc.'s cancellation procedure, which can be obtained via email by contacting Data Fabrication, Inc. through the "contact" page on the Product's web site. Cancellation requests will not be honored via any other method of communication including but not limited to phone, fax, or postal mail. Any cancellation request must be accompanied by a valid activation code for your account. If you do not follow this cancellation procedure, your account will remain active, and normal charges will still be incurred and charged to your credit card.
Arbitration and Jurisdiction
If any controversy, claim or dispute arises between customer and Data Fabrication, Inc. out of, relative to, or in connection with, the right and obligations of the parties under this Letter Agreement or with respect to the Website, the parties agree to first exert a good faith effort to resolve such controversy, claim or dispute. However, if the effort to so resolve such controversy, claim or dispute does not result in a mutually-satisfactory result within fifteen (15) calendar days from the date that the controversy, claim or dispute commenced, then such controversy, claim or dispute shall be settled and resolved by binding arbitration in accordance with the appropriate rules and procedures of the American Arbitration Association, and any judgment or award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction over the parties and the subject matter of the controversy, claim or dispute.
Demand for arbitration with respect to any said controversy, claim or dispute relating to this Letter Agreement or the Website can be made by either party hereto, but not until the party making the claim shall have given written notice to the other party setting forth the basis for the claim in reasonable detail, and the period of fifteen (15) days, during which the parties must make a good faith effort to attempt to resolve the issues, must have passed. A claim for arbitration is to be filed in writing by one party (or jointly by both parties), with written notice being delivered to the American Arbitration Association.
As stated above, the applicable rules, regulations and procedures of the American Arbitration Association shall govern the said arbitration, including but not limited to the allocation of responsibility for the costs of said arbitration. Subject to any rule or regulation of the American Arbitration Association that may require a different result, the arbitrator(s) shall have the right to assess charges, costs, fees and expenses of the arbitration against the party that does not prevail in the arbitration decision. The arbitrator(s) shall also have the right, if they deem it to be reasonable, to require that the cost of arbitration be shared equally by Data Fabrication, Inc. and customer, except that if either party desires to retain counsel or a consultant for its own presentation, such costs shall be the sole responsibility of the party that incurs such costs for its own benefit.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois and the courts of the State of Illinois shall have jurisdiction with respect to any litigation, subject to the requirement of arbitration set forth above.
Portions of Data Fabrication's products are covered by United States Patents No. 4,994,926, No. 5,291,302, No. 5,459,584, No. 6,643,034, and No. 6,785,021 and Canadian Patents No. 1329852 and No. 2101327.
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