Terms of Service Agreement

This document shall serve as an agreement between gotFax.com (“we”, “us”, or “provider”) and you as an end-user (“you, “user”, or “customer”). This document shall constitute the entire agreement between gotFax.com and you and while superseding any other prior agreements, govern your use of all gotFax.com services.

By activating or ordering service, you are agreeing to the provisions of this agreement in entirety.

gotFax.com may revise these Terms of Service at any time, without notice, by posting a new version on the gotFax.com website. The revisions are effective immediately upon publishing of the document and supersede all previous terms of service. All customers and users of gotFax.com should review the Terms of Service regularly in order to ensure that your activities are consistent with the most recent version of the terms of service. In the event of a dispute between a user and gotFax.com, these Terms of Service shall regulate the resolution.

As a customer, it is your responsibility to secure your computer from external threats including but not limited to viruses, spam, hacks, breaches of privacy, etc. Any failure to comply with this or any other gotFax.com policies may result in suspension or termination of your service. If you do not agree to these Terms of Service, you must stop use of the gotFax.com service and close your account.

Privacy Policy

gotFax.com agrees not to share or sell any personal information collected in the process of providing service to any customer. Any information collected on the gotFax.com website or any affiliated companies will not be disclosed without express consent from the user. In the future, if gotFax.com decides to share any data for marketing purposes, notification will be provided as well as the opportunity for users to indicate that they would prefer the company not provide said information. If gotFax.com decides to make any changes to this privacy policy, we will post any revision of the statement in a new privacy policy document on the gotFax.com website.

Service Use

gotFax.com offers and markets service for use within the United States. If you connect your gotFax.com service outside of the United States, you agree that you are doing so at your own risk. You agree to hold us harmless and without liability for such use.

If you feel that your service has been fraudulently used or stolen, you must notify us within 30 days or you will be held responsible for any additional service charges generated.

You agree to use gotFax.com service only for lawful purposes and in a manner which could not be construed as abusive at any time or for any reason.

gotFax.com reserves the right to immediately terminate service if you engage in any of the prohibited uses. Prohibited uses include, but are not limited to:

  • Undertake or accomplish any unlawful purpose.
  • Post or disseminate any material that a reasonable person would deem to be inappropriate, regardless of whether this material or its dissemination is unlawful;
  • Copy any software provided in connection with the service other than for personal use as a back-up.
  • Use or distribute tools designed or used for compromising security.
  • Access any other person's computer or computer system, software, fax machine or data without their knowledge and consent
  • Resell the service or make the service available to anyone outside the agreement, directly or indirectly, unless directly given authorization by gotFax.com
  • Restrict the ability of any other person to use the Service
  • Cause a performance degradation, regardless of purpose or knowledge, to the service
  • Any other use that gotFax.com has good reason to believe may create liability or compromise the service for other Customers.

Unsolicited Fax Policy

Please refer to http://ftp.fcc.gov/cgb/consumerfacts/unwantedfaxes.html

The Federal Telephone Consumer Protection clearly prohibits the transmission of unsolicited fax and email advertisements in the U.S. Distribution of any unsolicited faxes through the gotFax.com service is strictly prohibited. If you are found in violation of this provision, your service will be terminated and reported to the Federal Communications Commission.

Fax Number Ownership

You understand and agree that you are not the owner of any fax number assigned to you by gotFax.com. Ownership of any such fax number lies only with gotFax.com (who will assign or re-assign such numbers to you for your use during the term of this agreement).

Billing

You acknowledge that service fees for gotFax.com will be billed to the credit card you provide when establishing service for the full amount of the selected billing term prepaid in advance, including any shipping, activation, or other applicable charges, fees, taxes or charges. You understand that recurring service charges will be billed automatically on our around the anniversary of the date you established service in accordance with your term. Renewal terms for gotFax.com are automatic and will be renewed on the expiration date of the service unless the customer notifies gotFax.com in a reasonable amount of time leading up to the renewal date.

Customers are responsible for all taxes, fees, or business class support incurred on their account regardless of account pre-payment, service credits, or usage.

If you use a coupon or discount which would cause you to have a positive credit balance upon ordering, gotFax.com will charge your credit card $10 for card verification. The $10 will then be credited to your gotFax.com account. This only applies if you would have a credit balance after using any coupon.

Upon termination of service, your account will receive a full pro-rated refund for any remaining pre-paid months calculated from the 1st day of the following month. Activation fees, shipping fees and one-time fees are not eligible for any type of refund; only service fees are refundable as outlined in this agreement. Customer will be charged a disconnect fee of $9.95 for all cancellations not processed within fourteen (14) days of service activation as per the terms of 14 Day Money Back Guarantee as provided in this agreement, or within fourteen (14) days of the end of the prepaid term. The Disconnect Fee becomes due and payable immediately upon cancellation and will be deducted from any refunds due, or billed directly to Customer’s credit card. Non-usage of service does not constitute cancellation of service. All cancellation requests must be submitted in the form of a customer service ticket.

gotFax.com reserves the right to modify or change pricing at any time.

gotFax.com offers a 14 Day Money Back Guarantee. The 14 day Money Back Guarantee begins on the day your service begins. Service charges are refundable if your service is cancelled within 14 days. Fees incurred for using premium services, activation fees, shipping fees and one-time upgrade fees are non-refundable. The 14 Day Money Back Guarantee does not apply if you are found to be in violation of our terms of service or if you have taken advantage of the guarantee in the past.

There is a $50 administrative fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.

There is a $9.95 re-activation fee for all services disabled due to non-payment or other terms of service violations.

There is a $9.95 activation fee for all services activated on a monthly plan. This fee is waived on all annual plans.

Referral and Affiliate Program

Multiple commissions such as referral credits or affiliate commissions cannot be received for a single gotFax.com account. Additionally, a customer or affiliate cannot receive any type of referral credit or affiliate commission for an account billed to himself/herself or an account billed to his/her address regardless of the name associated with the account. Any customer who violates these policies will forfeit all fraudulent commissions and will no longer be able to participate in any such future commission generating programs offered by gotFax.com.

Nature of Service

You are acknowledging that you understand that gotFax.com fax-to-email service requires you to have an internet connection to use the service.

gotFax.com service may not be available in the event of a power failure or if you have internet connection problems. You agree to indemnify and hold gotFax.com harmless in the event that a service interruption occurs.

You understand that gotFax.com service may or may not be compatible with devices such as security systems, or other devices that either transmit or prevent the transmission of data.

Agreement

gotFax.com MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You assume all risk and liability resulting from the use or functionality of the service, whether used solely or in combination with other goods and/or services. gotFax.com neither assumes nor authorizes any person to assume any other liability in connection with the sale or use of the service.

The entire agreement shall be governed by the laws of the state of New York and shall remain in full-force until service is terminated in writing as outlined. If any part of this agreement is found to be unenforceable or invalid in your area, you agree that the arbitrator shall enforce the provisions of this agreement by replacing them with an effective similar, legal provision with the effect intended with the original provision. gotFax.com may update this agreement at any time without notice and you are agreeing to such changes in advance.

It is agreed that any and all disputes, claims or actions for the enforcement of this agreement will be arbitrated. The arbitration will take place in the State of New York, Saratoga County. Decisions rendered by such arbitrator will be final and binding. If the arbitrator rules in our favor, you will be responsible for any and all costs related to or associated with such arbitration. You agree that any further litigation to enforce the terms of this agreement will take place in the Supreme Court of the State of New York, Saratoga County.