This document outlines the Terms of Service (“Agreement”) between Opfx, Inc. (herein referred to as “Openfax”) and the customer (“Customer”) who uses the Openfax Email Communications Services (“Services”). By using the Services, Customer agrees to be bound by the terms and conditions presented herein.
- Acceptance of Terms Customer acknowledges that the Services provided by Openfax are intended solely for lawful purposes. The use of Openfax Services for sending unsolicited emails or spam is strictly prohibited. Customer’s acceptance of these terms and conditions signifies their agreement to comply with Openfax’s Prohibited Content and Commerce Statement.
- Services and Support
2.1 The Services are subject to this Agreement, including Openfax’s Email Privacy Policy, which may be modified by Openfax from time to time. By using the Services, Customer agrees to be bound by the Agreement and any future updates.
2.2 Customer must complete the registration form to access the Services and provide accurate and up-to-date information. Customer is responsible for maintaining the security of their account and passwords.
- Fees and Payment
3.1 Customer will be billed monthly, and payment for Services will be made via a valid credit card accepted by Openfax. Fees are payable in US dollars and are non-refundable.
- Email, Image Hosting & Permission Practices
4.1 Every email sent using the Services must contain an “unsubscribe” link, allowing recipients to opt-out of future emails. Customer agrees to process unsubscribe requests within 10 days.
4.2 Customer agrees to use only permission-based lists and will not access or use third-party mailing lists for unsolicited emails.
4.3 Customer shall not mail to distribution lists, newsgroups, or spam email addresses.
- Restrictions and Responsibilities
5.1 Customer’s customer information will not be used for any purposes other than those intended with the Service, and it will not be shared with third parties unless required by law.
5.2 Customer may not reverse engineer, modify, copy, or distribute the Services or any associated software.
5.3 The Services may only be used for lawful purposes and may not be used for timesharing or Service-bureau purposes.
5.4 The Openfax trademarks and names may not be used for advertising or commercial purposes without prior written consent.
5.5 Customer shall comply with all laws and regulations related to spamming, privacy, and email communications.
- Termination
6.1 Customer may terminate this Agreement at any time, and no refunds will be provided for fees paid.
6.2 Openfax may terminate this Agreement or the Services at any time with or without cause, and with or without notice.6.3 Openfax will delete Customer’s archived data within 30 days after termination.
- Warranty Disclaimer; Remedies The Services are provided “as is,” and Openfax disclaims all warranties, including implied warranties of merchantability and fitness for a particular purpose.
- Limitation of Liability Openfax’s liability to Customer is limited to the amount paid for the Services. Openfax shall not be liable for any consequential or incidental damages.
- Export of Services or Technical Data Customer may not export the Services or any related technical data in violation of any laws or regulations.
- Miscellaneous Various provisions regarding the Agreement, governing law, waivers, and enforcement are covered in this section.
Customer affirms that they have read and understood these terms and conditions and have agreed to comply with them. By using the Services, Customer releases Openfax and its officers and employees from any liability arising from the use of information contained in the provided lists.