This Fax Thru Email Service Agreement (“Agreement”) is by and between HostingDude Inc (“ HostingDude Inc ”), a/an individual, and you, your heirs, assigns, agents and contractors (“You”) and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of HostingDude Inc ’s Fax Thru Email Service (“Fax Thru Email”) and represents the entire Agreement between You and HostingDude Inc. By using Fax Thru Email, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including the Universal Terms of Service which HostingDude Inc may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with HostingDude Inc, whether or not the transactions were in Your behalf. You acknowledge that HostingDude Inc's acceptance of any application made by You for services provided by HostingDude Inc will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA .

HostingDude Inc currently provides Fax Thru Email to its customers by assigning a fax number (“Assigned Number”) and processing fax messages to and from that number through Your designated e-mail account. Use of the Assigned Number is monitored and billed by the number of minutes used. Your Assigned Number will be credited with a monthly allotment of Allotted Minutes dependant on the package purchased. Any Allotted Minutes not used in the Month allotted will not be carried over. You understand and agree that Allotted Minutes not used within the month allotted will be lost and that no refunds or credits will be given for Allotted Minutes not used. You may purchase additional bundles of minutes of varying quantities (“Minute Pack”) to be applied to your Assigned Number. Minute Packs may only be used on a single Assigned Number. A Minute Pack can be applied to your service for up to one year from the date of purchase. Minutes left in a Minute Pack not used after one year may be lost. Minutes used in excess of the Minute Pack will require the purchase of additional Minute Packs. Should You exceed the minutes in Your Minute Pack, You agree that HostingDude Inc may charge the payment method on file to process any additional minutes used by your Assigned Number. There are no refunds for unused minutes in Your Minute Pack or for any unused minutes as part of Your monthly Allotted Minutes.

Minutes are deducted in accordance with a formula averaging actual minutes used. You acknowledge that HostingDude Inc's formula is not a representation of actual minutes. You agree that HostingDude Inc's formula is a fair and practical manner for counting the minutes used by your Assigned Number.

Availability of Services

Subject to the terms and conditions of this Agreement, HostingDude Inc shall attempt to provide Fax Thru Email for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time Fax Thru Email may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which HostingDude Inc may undertake from time to time; or (iii) causes beyond the control of HostingDude Inc or which are not reasonably foreseeable by HostingDude Inc, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that HostingDude Inc has no control over the availability of Fax Thru Email on a continuous or uninterrupted basis

By using Fax Thru Email, You agree that You are age 18 or over. Fax Thru Email is available only to persons who can make legally binding contracts under applicable law.

You also agree that You will not use Fax Thru Email to send the following types of information: (i) personal information about children without their parent’s consent, (ii) pornography or nude pictures, (iii) tasteless images, (iv) excessively violent material, (v) links to web sites containing the serial numbers for unlocking software illegally, (vi) pyramid schemes, (vii) chain letters, (viii) impersonations of another person, (ix) encouraging the use of a controlled substance, (x) selling or promoting products that are unlawful in the location where the fax is received, (xi) advocating, promoting, or encouraging violence against any person, organization, or the government, or (xii) links to web pages containing any of the aforementioned content.

By using Fax to Email, You warrant that the information You use in any fax messages is true, and that the fax numbers You include are of subscribers who have granted You direct or implied consent to receive fax messages from You. You agree to comply with our No Spam Policy, as well as the Telephone Consumer Protection Act. You agree that You will include a valid and correct physical address on every fax message. You agree to give HostingDude Inc permission to copy and/or store a log of faxes received and sent, and other information. HostingDude Inc will not use this information in any way that violates its Privacy Policy. HostingDude Inc may but is not obligated to copy and/or store any of the above mentioned information.

Spam

HostingDude Inc recommends that You carefully consider whether the fax You are sending out may be considered spam. Generally, if You are not sure that You have received someone’s permission to send them fax, then it is probably spam.

You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your distribution lists; and (ii) maintain independent archival and backup copies of Your distribution lists.

HostingDude Inc explicitly reserves the right and sole discretion to: (i) modify its pricing through email notification; (ii) review Your use of Fax Thru Email for excessive time, space and bandwidth utilization and to terminate Your account Service or apply additional fees if You exceed allowed levels; (iii) establish limits and guidelines concerning the use of Fax Thru Email, including but not limited to the maximum size of campaigns sent through our servers and the maximum number of occasions that You may access our servers using Fax Thru Email in any given period of time; (iv) terminate Your Fax Thru Email Service for unsolicited, commercial faxing, (i.e., spam, sending faxes to subscribers who have not “opted-in”); non-payment of Fax Thru Email fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that HostingDude Inc determines to be harmful to its other customers, operations, or reputation; (v) terminate Your Fax Thru Email Service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against HostingDude Inc or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, and (vi) terminate Your Service if You have not accessed or logged into it for 90 days. If HostingDude Inc terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. HostingDude Inc has no obligation to monitor Your Fax Thru Email Service, but reserves the right in its sole discretion to do so.

YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY FAX THRU EMAIL NUMBER ASSIGNED TO YOU BY HostingDude Inc. OWNERSHIP OF ANY SUCH FAX THRU EMAIL NUMBER IS VESTED SOLELY IN HostingDude Inc (AND YOU ARE GIVEN A REVOCABLE LICENSE TO USE SUCH NUMBER IN ACCORDANCE WITH THE PREVAILING TERMS OF USE APPLICABLE AS SPECIFIED IN THIS AGREEMENT). YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE THE FAX THRU EMAIL NUMBER ASSIGNED TO YOUR ACCOUNT TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY (ALSO SOMETIMES REFERRED TO AS “PORTING” THE TELEPHONE NUMBER).

YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR FAX THRU EMAIL ACCOUNT FOR ANY REASON, SUCH FAX THRU EMAIL NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT HostingDude Inc 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 CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF HostingDude Inc HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU FURTHER UNDERSTAND AND AGREE THAT HostingDude Inc MAY FROM TIME TO TIME NEED TO CHANGE THE FAX THRU EMAIL NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN HostingDude Inc'S CONTROL). YOU AGREE THAT HostingDude Inc WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE FAX THRU EMAIL NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF HostingDude Inc HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.