EZFAX CUSTOMER AGREEMENT (TERMS AND CONDITIONS)

This Agreement is between e-SIX Pte Ltd ("e-SIX") and you ("you", "customer" or “user”), as an authorized user of ezFAX Services, and governs the TERMS AND CONDITIONS of your use of ezFAX Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by e-SIX (collectively, the "Agreement"), constitutes the agreement between e-SIX and you regarding ezFAX Services. Notwithstanding the foregoing, your use of any software provided by e-SIX related to the Services shall be pursuant to a separate agreement governing customers' use of such software. For purposes of this Agreement, "ezFAX Services" or "Services" are defined as any and all services provided by e-SIX to you either now or in the future. By using ezFAX Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

ezFAX Services
e-SIX offers ezFAX Services at its website www.ezFAX.com.sg (together with other websites owned and operated by e-SIX). Individually, the Services are ezFAX (receive and send) and ezFAX Send (send only).

Fair Use Policy
As an ezFAX user, you will receive a local (respective to user’s country) ezFAX Number from which you receive faxes via your email. You will also have the option to send faxes via ezFAX Website, all subject to the terms of this Agreement.

PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECTED TO EZFAX "FAIR USE" POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY MONTH, YOUR USAGE EXCEEDS SEVERAL TIMES THE AVERAGE LEVEL OF MONTHLY USAGE OF MOST EZFAX CUSTOMERS GENERALLY. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE NUMBER OF FAX PAGES RECEIVED, EXCLUDING ALL ADVERTISING AND INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY E-SIX, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, E-SIX CURRENTLY ENFORCES THIS POLICY ONLY WHERE USAGE EXCEEDS 300 FAX PAGES IN ANY MONTH, WHICH IS SUBSTANTIALLY IN EXCESS OF THE ACTUAL ALLOWABLE USAGE UNDER THIS "FAIR USE" POLICY. NOTWITHSTANDING THIS ACCOMMODATION, WE RESERVE THE RIGHT TO AT ANYTIME ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY MONTH IN EXCESS OF THE AVERAGE LEVEL OF MONTHLY USAGE OF OUR CUSTOMERS GENERALLY).

IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, AN E-SIX REPRESENTATIVE WILL ATTEMPT TO CONTACT YOU TO REACH AGREEMENT ON A REVISED PRICING PLAN THAT WILL PERMIT YOU TO CONTINUE TO USE OUR EZFAX SERVICE. HOWEVER, E-SIX RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION.

Privacy Policy
e-SIX is dedicated to establishing trusting relationships with its customers, based on respect for personal identity and information. To demonstrate our commitment to customer privacy, we have developed a Privacy Policy, a current copy of which is available at our home page - http://www.ezFAX.com.sg.

If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use customers' personally identifiable information in a manner different from that stated at the time of collection we will notify customers via email. Customer will have a choice as to whether or not we use their information in this different manner. However, if customers have opted out of all communication with e-SIX, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect Customer information already stored in our database, we will post a prominent notice on our Web site notifying customers of the change. In some cases where we post a notice we will also email customers, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Customer Responsibilities
You are fully responsible for the contents of your transmissions through the Services. e-SIX simply acts as a passive conduit for you to send and receive information of your own choosing. However, e-SIX reserves the right to take any action with respect to the Services that e-SIX deems necessary or appropriate in its sole discretion if e-SIX believes you or your information may create liability for e-SIX, compromise or disrupt the Services for you or other customers, or cause e-SIX to lose (in whole or in part) the services of e-SIX's Service Providers or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with the Republic of Singapore law regarding the transmission of data exported from Singapore through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.

You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use ezFAX Services; (b) maintain any security of your Customer identification, and other confidential information relating to your ezFAX account and; (c) be responsible for all charges resulting from use of your ezFAX account, including unauthorized use prior to your notifying e-SIX of such use and taking steps to prevent its further occurrence.

Unsolicited Fax Advertisement/Spam Drop-Box Policy

a. Unsolicited Fax Advertisement Policy
The transmission of unsolicited fax advertisements is illegal. Distribution of unsolicited fax advertisements through the Services is prohibited.
Receipt of such faxes can impair your use of our Services. Accordingly, e-SIX intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our customers. At e-SIX's option and without further notice, e-SIX may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.

If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:

1. If the fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so; and

2. Please email abuse@ezfax.com.sg to file a complaint with e-SIX by inserting the required information and including a copy of the offending fax.

You hereby acknowledge and agree that e-SIX, as owner of all ezFAX Numbers, 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. You hereby assign all such rights to e-SIX.

Because our ezFAX Numbers may be reassigned to other customers in the event your account is canceled, and to ensure the best possible service for all customers, you are not permitted to "opt in" to receive spam faxes on your ezFAX Number.

b. Spam Drop-Box Policy
e-SIX does not permit its customers to use their ezFAX Number as a "drop-box" for responses to email spam offers. If you believe you are in receipt of email spam that uses an ezFAX Number as a fax drop-box for responses, we ask that you take the following steps:

1. If the email contains an email address, telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional emails, please do so.

2. If you are unable to successfully "unsubscribe," please forward the offending email to abuse@ezfax.com.sg. We will investigate your complaint and determine if the fax number referenced in the spam email is an ezFAX Number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their ezFAX Service.

We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the ezFAX experience a positive one for you.

Termination
Either you or e-SIX may terminate your ezFAX account at any time, with or without cause, upon notice. Any such notice by you to e-SIX must be in accordance with e-SIX's verification procedures, as such procedures may be established and changed by e-SIX from time to time in its sole discretion, and which may include the requirement that you contact e-SIX by phone to confirm that any such notice was in fact sent by you. e-SIX also reserves the right to terminate or suspend your ezFAX account without prior notice, provided that e-SIX will attempt to confirm such termination or suspension by subsequent notice.

Customer Representations
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of ezFAX Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

Modifications to Customer Agreement
e-SIX may automatically amend this Agreement at any time by (a) posting a revised ezFAX Customer Agreement on the ezFAX Website, and/or (b) sending information regarding the amendment to the email address you provide to e-SIX. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE EZFAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE EZFAX SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and e-SIX.

Modifications to Services
e-SIX reserves the right to modify or discontinue any of the Services with or without notice to you. e-SIX shall not be liable to you or any third party should e-SIX exercise its right to modify or discontinue the Services.

Subscriber Account, Password, and Security
As part of the registration process, you will be required to provide an email address and other necessary data. Once you become a registered user, your ezFAX Number will be automatically be chosen and pre-activated. You may change your password at your control panel. It is highly recommended that you keep your log in password confidential and change it regularly. You are entirely responsible for failing to maintain the confidentiality of your User ID, password, ezFAX Number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify e-SIX of any unauthorized use of your account or any other breach of security known to you.

Disclaimer of Warranties and Limitation of Liability
a. EZFAX AND ALL OTHER E-SIX SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER E-SIX NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. E-SIX DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT E-SIX SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. E-SIX AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

b. YOUR USE OF EZFAX AND ALL OTHER E-SIX SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING E-SIX SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM E-SIX. YOU AGREE THAT NEITHER E-SIX NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE EZFAX OR ANY OTHER E-SIX SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF E-SIX OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF E-SIX AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF EZFAX AND ANY OTHER E-SIX SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM. YOU HEREBY RELEASE E-SIX AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

c. NEITHER E-SIX NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF E-SIX'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF E-SIX, IN EVALUATING THE EZFAX SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF E-SIX.

Charges
a. You agree to pay all charges for your use of ezFAX Services at the prices then in effect for your country of residence. All charges will include Good and Service Tax (GST) if required by the law of the respective country. e-SIX reserves the right to change prices or institute new charges for access to or use of ezFAX. All changes will be posted by e-SIX at the ezFAX Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of ezFAX Services or non-termination of your ezFAX account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

b. Payment of your ezFAX account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for e-SIX use and transactions. If your ezFAX account is a qualified business account and is approved by e-SIX for corporate billing, charges will be accumulated, identified by Customer (Reseller) identification number and invoiced on a monthly basis.

c. Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your ezFAX account is by credit card and payment is not received by e-SIX from the card issuer or its agents, you agree to pay all amounts due upon demand by e-SIX. Each time you use ezFAX Services, or allow or cause ezFAX Services to be used, you agree and reaffirm that e-SIX is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with ezFAX, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that e-SIX may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that e-SIX may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

d. To view your current account balance, along with billing details and any accumulated charges, please click on "Billing" after logging in to the ezFAX Website User Interface (Login Page).

e. Your monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. e-SIX is not charging any activation charge as of now but reserved the right to do so, in which we will post the detail on ezFAX website in advance (minimum one month). You agree that e-SIX may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with e-SIX's verification procedures, as may be established by e-SIX from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before e-SIX reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact e-SIX within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by e-SIX in accordance with this Agreement.

f. If you subscribed for ezFAX Services pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your initial monthly service fee for the month immediately following your pre-paid period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such pre-paid period, unless you provide prior notice (in accordance with e-SIX's verification procedures, as may be established by e-SIX from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before e-SIX reasonably could act on your notice.

g. Additional charges for outbound fax service and/or other usage-based services as e-SIX may introduce from time to time are payable in advance by deposit of a fixed amount (currently S$50.00, S$25.00, or S$10.00, or the approximate equivalent in local currency), as set from time to time by e-SIX. This deposit will be due and payable immediately upon your use of any usage-based service (or, in the event you are provided with a free credit, upon your depletion of such free credit). As a result, the first time you use any of these usage-based Services such as sending faxes (following your depletion of your free credit, if any), a deposit (currently S$50.00, S$25.00, or S$10.00 or the approximate equivalent in local currency) will be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted based upon your use of outbound fax service and/or other usage-based charges, according to standard e-SIX rates for these ezFAX Services. Thereafter, each time your deposit is depleted to S$2.00, another fixed amount deposit in the same amount as the prior deposit will be immediately charged to your credit or debit card, without further authorization from you, which deposit will thereafter be depleted based upon your use of outbound fax service and/or other usage-based services, according to standard e-SIX rates for these ezFAX Services. With respect to the ezFAX outbound faxing service, please be advised that e-SIX will bill you for each attempt made by e-SIX to send the fax where any transmission occurs whether or not the transmission is completed, such as instances when someone answers the call or transmission is interrupted before completion.

In the event e-SIX submits charges for your monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize e-SIX to use your deposit to pay for any monthly service fee due e-SIX until e-SIX is able to successfully charge your card. In the event e-SIX is subsequently able to successfully process your monthly service fee through your credit or debit card, e-SIX will automatically replenish your deposit for all monthly service fees paid from your deposit and will charge your credit or debit card in an amount equal to this amount (and you hereby authorize e-SIX to do so).

You agree that e-SIX may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with e-SIX's verification procedures, as may be established by e-SIX from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before e-SIX reasonably could act on your notice. Upon notice (in accordance with e-SIX's verification procedures, as may be established by e-SIX from time to time in its sole discretion) from you that you have terminated this authorization, you will be entitled to a refund of any unused portion of your most recent deposit, unless at such time there are any outstanding charges resulting from use of your ezFAX account (including those charges described in the preceding paragraphs), in which case the remainder of your deposit will be applied to satisfy such charges. Full refund will be given at the discretion of the company management on a case-by-case basis.


h. You must promptly notify e-SIX of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to use your ezFAX account. You must also promptly notify e-SIX if your card is canceled (e.g., for loss or theft). It is solely the user responsibility to maintain his or her credit card validity and update the FuturePay account (created upon initial registration and payment) with a valid credit card.

Payment
e-SIX reserves the right to suspend or terminate your ezFAX account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to e-SIX when e-SIX believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to e-SIX.

Ownership
a. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the ezFAX Service are wholly owned by e-SIX and/or its licensors and service providers except where expressly stated otherwise.

b. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY EZFAX NUMBER ASSIGNED TO YOU BY E-SIX. OWNERSHIP OF ANY SUCH EZFAX NUMBER IS VESTED SOLELY IN E-SIX (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR EZFAX ACCOUNT FOR ANY REASON, SUCH EZFAX NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT E-SIX 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 E-SIX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

c. YOU FURTHER UNDERSTAND AND AGREE THAT E-SIX MAY FROM TIME TO TIME NEED TO CHANGE THE EZFAX NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN E-SIX'S CONTROL). YOU AGREE THAT E-SIX WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE EZFAX 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 E-SIX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

d. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE EZFAX NUMBER ASSIGNED TO YOU BY E-SIX AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE E-SIX THE RIGHT TO IMMEDIATELY TERMINATE YOUR EZFAX ACCOUNT WITHOUT NOTICE.

Indemnification
You agree to indemnify e-SIX and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your ezFAX account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.

No Resale Of The Services
Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services. Reselling rights are solely for authorized Resellers only.

Participation In Promotions Of Advertisers
You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. e-SIX assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

Notices; Consent
Notices given by e-SIX to you will be given by email or by a general posting on the ezFAX Website. In any matter requiring e-SIX's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of e-SIX. Notices given by you to e-SIX must be given by email or by conventional mail (subject, however, to e-SIX's verification procedures, as may be established by e-SIX from time to time in its sole discretion, and which may include the requirement that you contact e-SIX by phone so as to confirm that any such notice was in fact sent by you). Notices to e-SIX by conventional mail must be sent to e-SIX Pte Ltd, 63 Ubi Avenue 1, #05-03, Singapore 408937.

General Terms
THE LAWS OF THE REPUBLIC OF SINGAPORE, GOVERN THIS AGREEMENT AND YOUR USE OF EZFAXE SOFTWARE AND SERVICES. THE UN-CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF E-SIX SOFTWARE OR SERVICES. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. e-SIX's failure to act with respect to a breach by you or others does not waive e-SIX's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. e-SIX shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond e-SIX's reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email messages as provided as part of the Services.

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