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Terms and Conditions
1. SCOPE OF AGREEMENT
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE PROTUS WEBSITES TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE 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 Protus.
The most current version of the Agreement can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of our Web pages.
You may also have a signed written agreement which is expressly incorporated herein ("Written Agreement"), and which in conjunction with the Agreement and policies referred to herein, comprise the entire Agreement between Protus and you. The Written Agreement may contain different or additional terms which supersede terms in this document and may refer to earlier versions of these terms.
2. DESCRIPTION OF SERVICES
Through its network of Web properties, Protus provides you with access to a variety of fax, voice, voicemail, PBX, email and email marketing, and messaging services (Services). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to this Agreement.
3. NO RESALE OF SERVICES
Your right to use the Services is personal to you and you agree not to resell the use of the Services.
4. PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement for disclosures relating to the collection and use of your personal information.
5. DATA PROTECTION AND STORAGE OF MESSAGES
While your account is active, Protus will store messages sent and received through your Protus account, for a period of up to one year, in each case measured from the date of receipt of such message. Contact lists are maintained while the account is in good standing. Protus shall maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer information in its possession. Customer acknowledges that Protus may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes will be posted on the Protus Websites. Customer further agrees that this feature is provided as a convenience to Customer only and Protus and its parent(s), partner(s), subsidiary(ies), and affiliate(s) ("Affiliates") have no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.
You agree to pay all charges for your use of the Services according to the payment plan applicable to your Services, and in effect for your country of residence. Protus reserves the right to change prices or institute new charges for access to or use of Protus Services unless you have a signed Written Agreement with Protus. All changes will be posted by Protus on the Protus Websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Protus account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Charges for Services may include activation, recurring subscription, and usage fees. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of Protus) in accordance with the usage rates applicable to each of the Services you use.
Your payment plan may include a monthly allowance of free faxes, phone calls, emails, or contacts. In the event that you have exceeded your rate plan's allotted allowance you will be automatically charged usage fees for each fax, call, email or contact in excess of your monthly allowance. Unused allowances are not transferrable from month to month.
Payment of your Protus account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for Protus use and transactions. If your Protus account is a qualified business account and is approved by Protus for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
If you subscribed for Services pursuant to a special offer granting you a free trial period, your activation fee and an initial monthly Services fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Protus verification procedures, as may be established by Protus from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Protus reasonably could act on your notice.
Charges are to be paid on a monthly basis in the currency in which billed. A failure to pay the charges is a material breach of this Agreement and grounds for termination by Protus. If the payment method for your Protus account is by credit card and payment is not received by Protus from the card issuer or its agents, you agree to pay all amounts due upon demand by Protus. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Protus is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Protus, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Protus 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 Protus 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.
You agree that Protus may submit charges for your usage fees and recurring subscription fee each month or year, without further authorization from you, until you provide prior notice (in accordance with Protus' verification procedures, as may be established by Protus 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 Protus reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Protus' Customer Support 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 Protus in accordance with this Agreement.
All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. Canadian residents will be charged G.S.T. and P.S.T. as applicable. If the Customer resides outside of Canada, the place of residency will be deemed not to be Canada unless Protus is notified otherwise. If your residency status changes, you will notify Protus and be required to provide a mailing address and proof of residency. Non-Canadian residents will be deemed not to have registered for G.S.T unless Protus is notified otherwise.
6a) For Campaigner these terms apply:
If you subscribed to a Contact Based Subscription Plan ("Contact Plan") the subscription fees are based on the highest number of subscribers or contacts in your account at any time. While your fees may increase as your contact list grows, the fees will not be reduced as the numbers of contacts diminish unless you contact Protus Customer Support. For the purposes of this Agreement, each unique email address will count as one subscriber or contact.
Should Protus deem your cumulative account activity, including but not limited to factors such as high send volume or large contact lists, to be detrimental to Protus' ability to provide Campaigner services to you or to other customers, Protus reserves the right in its sole discretion to move you to a Volume Subscription Plan.
Repeated uploading and removing of unique email addresses in an attempt to circumvent Protus' Fee Schedule and billing procedures is prohibited.
If you purchased a "Pay as you Go" plan you will be charged for emails on a per campaign basis. The price list published at www.campaigner.com determines the charge per email in effect at the time the campaign is delivered. "Pay as you Go" plans must be used within 12 months of purchase. Any balance remaining after 12 months is NON-REFUNDABLE.
6b) For MyFax and other Fax and Voice Services, these terms apply:
Fax per page prices are based on a 60 second transmission time; pages that take longer to transmit may be charged as multiple pages. Protus reserves the right to charge a premium on all mobile, cellular, digital, special service numbers, and / or PCS international terminating traffic, as well as the right to adjust any rate to reflect charges in international tariffs, regulatory requirements, taxes, levies or other third party levies. Calls and faxes to destinations outside of a specified list of countries (found on the pricing page for each of the Services) will be charged from the first minute or page, and are not included in any free allowance.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the sign-up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to notify Protus promptly of any changes to this information as required to keep it current, complete and accurate. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by all users associated with your account.
You agree to notify Protus immediately of any unauthorized use of your account or any other breach of security. Protus will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Protus or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
8. USE OF SERVICES / CUSTOMER RESPONSIBILITIES
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. If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to be financially responsible for your use of the 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.
You must (a) obtain and pay for all equipment and third-party services (e.g., telephone and computer equipment) required for you to access and use the Services; (b) maintain the security of your password, PIN number and other confidential information relating to your account and; (c) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Protus of such use and taking steps to prevent its further occurrence.
Images hosted by Protus on Protus controlled servers may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by Protus, Protus hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.
9. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement and any notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Protus server, or the network(s) connected to any Protus server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Protus server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name Protus or any other trade name or trade mark of Protus without express, prior permission, and you will not obstruct the identification procedures used by Protus in the Services.
You represent that the information submitted for transmission via the Protus network for the Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, provincial, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, faxing, telemarketing, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data.
You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that Protus is not the author or publisher of any content and Protus does not rent or sell lists of any kind. Protus simply acts as a passive conduit for you to send and receive information of your own choosing.
You shall not use the Services to store (1) any "protected health information" (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or (2) any other type of information that imposes independent obligations upon Protus.
In accordance with its Prohibited Use Policy Protus prohibits the use of the Services or web sites by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same): including, but not limited to, illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity/sexually explicit, and similar activities. This is not an exhaustive list, and Protus, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and conclusive for all purposes under this Agreement. Protus will terminate your use of its Services if Protus determines such prohibited content or use is in violation of this Agreement. Any information stored on the Protus servers that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by Protus without notice. Protus reserves the right to remove any image which contravenes this Agreement without notice to you.
Protus does not:
Protus reserves the right at all times to disclose any information as Protus deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Protus reserves the right but is not obligated to review the content of any of your messages for compliance with this Agreement and other legal requirements upon receipt of a complaint. Protus further reserves the right to take any other action with respect to the Services that Protus deems necessary or appropriate, in its sole discretion, if Protus believes you or your information may create liability for Protus or others, compromise or disrupt the Services for you or other Customers, or cause Protus to lose (in whole or in part) the services of Protus' ISPs or other suppliers.
- Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Services.
- Assume liability for any harassing, offensive or obscene/sexually explicit material distributed through the Services by you or others under your account.
- Assume any liability for any material distributed through the Services by you or others under your account which is distributed in violation of any third party's copyright or other intellectual property right.
- Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account including, as applicable, but not limited to, the Telecommunications Act*, S.C. 1993, c. 38, as amended,(Telecommunications Act), the Canadian Radio-television and Telecommunications Commission Unsolicited Telecommunications Rules*, as may be amended from time to time, (see URL: http://www.crtc.gc.ca/eng/trules-reglest.htm*) (the Unsolicited Telecommunications Rules), the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, as amended, (PIPEDA*), the Telephone Consumer Protection Act of 1991*, FTC regulations, and the Can-Spam Act*.
You agree to indemnify and hold Protus (and its Affiliates and Suppliers) and its agents, business associates, resellers, licensors, and suppliers (collectively, Suppliers) harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including, but not limited to, any attorney's fees and expenses) arising out of your use of the Services, your violation of the Agreement, and the delivery of any of your messages and documents using the Services, or the infringement of any trademark or copyright by you.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Protus and/or its licensors and service providers except where expressly stated otherwise.
11. RULES REGARDING FAX AND VOICE NUMBERS
You understand and agree that you are not the owner of any Protus fax or voice number (Protus Number) assigned to you by Protus. Ownership of any such Protus Number is vested solely in Protus (which will assign such number to you for your use during the term of this Agreement), who is the Customer of Record for such Protus Number. You understand and agree that following the termination of your Protus account for any reason, such Protus Number may be re-assigned immediately (although there is typically a transition period) to another customer, and you agree that neither Protus nor its Affiliates or Suppliers will 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 Protus or any of its Affiliates or Suppliers have been advised of the possibility of damages.
BECAUSE PROTUS IS THE CUSTOMER OF RECORD OF ALL PROTUS NUMBER(S) PROVIDED AS PART OF THE SERVICES, PROTUS HAS CERTAIN RIGHTS WITH RESPECT SUCH PROTUS NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF SUCH PROTUS NUMBER(S) ("PORTING" IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR ALL PROTUS NUMBER(S), PROTUS HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM PROTUS. YOU UNDERSTAND AND AGREE THAT PROTUS IS NOT, ITSELF, A TELEPHONE COMPANY AND IS THEREFORE NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY PROTUS NUMBER(S) PROVIDED UNLESS YOU SATISFY THE PROVISIONS IN SECTION 11 (a) BELOW.
YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO TRANSFER THE PROTUS NUMBER ASSIGNED TO YOU TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION 11 (a) BELOW. IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE PROTUS NUMBER(S) TO PROTUS, AND PAY PROTUS AN AMOUNT EQUAL TO $500 CAD (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE PROTUS TO CHARGE YOUR ACCOUNT CREDIT OR DEBIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE PROTUS NUMBER(S) TO BE RETURNED TO PROTUS. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED AND ADMINISTRATIVE FEES INCURRED BY PROTUS FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-U.S. JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE PROTUS NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF THE PROTUS NUMBER(S) ASSIGNED TO YOU IS/ ARE LOCATED IN SUCH A JURISDICTION.
a. Telephone Numbers Ported In
IF YOU "PORTED IN" ANY TELEPHONE NUMBER(S) IN CONNECTION WITH YOUR USE OF SERVICES, OR YOU ARE ENTITLED TO "PORT OUT" A TELEPHONE NUMBER UNDER NON-U.S. LAW, YOU MAY "PORT OUT" SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO PROTUS OF YOUR INTENTION TO "PORT OUT" SUCH TELEPHONE NUMBER(S) NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR ACCOUNT (THE "PORTING NOTICE PERIOD"); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES PROTUS'S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID PROTUS FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, PROTUS HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF $40 CAD (OR THE EQUIVALENT IN LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE PROTUS TO CHARGE YOUR CREDIT OR DEBIT CARD IN THE APPLICABLE AMOUNT FOR SUCH ADMINISTRATIVE FEE. THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR SERVICES DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, PROTUS SHALL REMAIN THE CUSTOMER OF RECORD OF THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. PROTUS ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT OR DEBIT CARD THE $500 CAD (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION 11 (a), TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. PROTUS IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.
b. Reassignment of Telephone Numbers
YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR SERVICES FOR ANY REASON, THE PROTUS NUMBER(S) ASSIGNED TO YOU MAY BE IMMEDIATELY RE-ASSIGNED TO ANOTHER CUSTOMER. YOU AGREE THAT NEITHER PROTUS NOR ANY OF ITS AFFILIATES OR SUPPLIERS WILL 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 PROTUS OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You further understand and agree that Protus may, from time to time, need to change the Protus Number assigned to you (whether due to an area code split or any other reason whether outside or within Protus' control). You agree that Protus and its Affiliates and Suppliers will not be liable for damages (including consequential or special damages) arising out of any such change in the Protus Number assigned to you, and you hereby waive any claims with respect to any such change, whether based in contract, tort or other grounds, even if Protus or any of its Affiliates or Suppliers has been advised of the possibility of damages.
You hereby acknowledge and agree that Protus, as owner of all Protus 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 including, but not limited to claims under the Telephone Consumer Protection Act of 1991, the Telecommunications Act, the Unsolicited Telecommunications Rules, PIPEDA, and 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 Protus.
c. No Right to Charge Third Party Services to Protus Numbers
You agree that you are not authorized to charge services provided to you or at your request to the Protus Number assigned to you by Protus and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. You are responsible for any such charges, and any such charges will give Protus the right to immediately terminate your Protus account without notice.
12. UNSOLICITED MARKETING
The transmission of unsolicited telemarketing phone calls, faxes and email is regulated in the United States under the Telemarketing Sales Rule*, the Federal Telephone Consumer Protection Act*, the Can-Spam Act*, as well as other statutes and regulations, and in Canada under the Telecommunications Act*, the Unsolicited Telecommunications Rules* and PIPEDA* and may also be regulated under the laws of a number of other countries, states and provinces. Unsolicited marketing in violation of such laws through the Services is prohibited and a material violation of this Agreement.
Protus understands that receipt of unsolicited faxes can impair your use of our Services. Accordingly, Protus may develop means to prevent the distribution and receipt of unsolicited fax advertisements to our customers. At Protus' option and without further notice, Protus may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them. You may flag a fax as spam using the tools in MyFaxCentral.
If you believe that you are in receipt of an unsolicited fax advertisement, you should take the following two steps:
a) 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
b) Please go to the following web page to submit a suspect fax to Protus for investigation by inserting the required information and including a copy of the offending fax: http://www.myfax.com/report_fax_spam.asp.
We will investigate your submission and determine if the fax/voicemail number referenced in the spam email or spam fax is a Protus Number. If it is, we will attempt to prevent such faxes from reaching your account.
For Campaigner Customers you agree to abide by the terms of the Campaigner Anti-Spam Policy.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. PROTUS FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICES OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY PROTUS WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, AND SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON PROTUS.
NONE OF PROTUS NOR ANY OF ITS AFFILIATES OR SUPPLIERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF PROTUS' OR ANY SUCH AFFILIATES' OR SUPPLIERS' CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION OR MISDIRECTION OF FAX, VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES, DATA STORAGE AND/OR DELIVERY SERVICES.
THE AGGREGATE LIABILITY OF PROTUS, ITS AFFILIATES OR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH OR FAILURE OF AN ESSENTIAL PURPOSE), TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION OR OTHERWISE IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURENCES SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROTUS WITH RESPECT TO THE SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT SHALL PROTUS, ITS AFFILIATES OR SUPPLIERS OR AFFILIATES OF ANY OF THEM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF BUSINESS, LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE OF THE INTERNET OR PROTUS' INTERNET SERVICE PROVIDER, OR DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF PROTUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.
IN THE EVENT APPLICABLE LAW DOES NOT PERMIT SUCH EXCLUSIONS TO BE COMPLETELY DISCLAIMED, THESE EXCLUSIONS SHALL BE INTERPRETED AS NECESSARY TO GIVE PROTUS THE FULL BENEFIT OF ANY DISCLAIMER OR LIMITATION AS PERMITTED BY APPLICABLE LAW.
If you are an Online or month-to-month Subscriber or have a "Pay as you Go" account: You may cancel the Services at any time by calling +1-613-733-0000.
If you have a signed Written Agreement with Protus the termination provision found in the Written Agreement applies.
Protus reserves the right to suspend or terminate Services if Protus, in its sole discretion, believes that the Services are used for a purpose that is unlawful or prohibited by this Agreement or any notices.
Protus shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Protus shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party.
Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.
15. JURISDICTION AND GOVERNING LAW
You agree that this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario (except its choice of laws rules), and you hereby consent and attorn to the jurisdiction of such province and agree that all disputes shall be tried in the city of Ottawa, Ontario. You expressly waive any right, and agree not to have any dispute under the Agreement tried or otherwise determined by a jury, except where required by law.
Any exclusion or limitation of Protus' liability specified in this Agreement shall survive the expiration or termination of this Agreement for any reason.
* These links are provided as a courtesy only and are not intended and should not be construed to constitute legal advice by Protus.
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