This Customer Agreement is effective on October 8, 2013 for current users, and upon acceptance for new users.
This Customer Agreement, which governs the terms and conditions of your use of the jBlast® Service (the "Service"), is between you, as an authorized user of the Service, and j2 Global Canada, Inc., an Ontario, Canada corporation (formerly known as Protus IP Solutions, Inc.) ("j2 Global").
This Customer 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 j2 Global (collectively, the "Agreement"), constitutes the entire agreement between j2 Global and you regarding the Service, and supersedes all prior oral and written communications and agreements between you and j2 Global and/or j2 Global Communications, Inc. regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by j2 Global related to the Service shall be pursuant to a separate agreement governing your use of such software. By using the Service, you confirm your acceptance of, and agree to be bound by, this Agreement.
If you originally subscribed to "Protus Broadcast" prior to May 10, 2011 then you are referred to herein as a "Protus Broadcast Customer." All Protus Broadcast customers are being provided the Service under the jBlast brand as of May 10, 2011, and are subject to the terms of this Agreement as of such date, which terms in some cases differ for Protus Broadcast customers.
For Canadian customers: Please note that when you place an order to purchase on the j2 Websites (as defined below), it constitutes an offer to purchase and remains subject to j2 Global's acceptance. Goods or services listed or described on the j2 Website constitute an invitation to make an offer to purchase.
If you begin but fail to complete the sign up process for the Service, j2 Global and/or another direct or indirect subsidiary of j2 Global Communications, Inc. (each, an "Affiliate") may contact you in an effort to help you sign up for the Service or another j2 Global or Affiliate service. You hereby authorize j2 Global and/ or its Affiliates to make such contact, even if you ultimately determine not to sign up for the Service.
j2 Global offers the Service at its Websites, including www.jBlast.com (together with other Websites owned and operated by j2 Global or its Affiliates, the "j2 Website").
Service Description: The Service enables you to upload a database or spreadsheet to the j2 Website, and (a) for fax broadcasters: to send a fax to each telephone number on that database or spreadsheet, and (b) for voice broadcasters: to transmit a voice recording to each telephone number on the database or spreadsheet.
FOR CUSTOMERS SENDING FAXES TO UK TELEPHONE NUMBERS: If you send faxes to a UK telephone number, you have the option to have your telephone numbers checked against the Fax Preference Service ("FPS"). j2 Global will not automatically check any telephone numbers against the FPS and will do so only upon your specific election. Regardless of whether you choose to check your telephone numbers through the FPS, you must comply with all applicable UK laws, rules and regulations, including, without limitation, The Telecommunications (Data Protection and Privacy) Regulations 1999.
It is illegal to send unsolicited fax advertisements to a US telephone number, and transmitting unsolicited voice messages is also heavily restricted under various jurisdictions’ laws and regulations. Please review Section 6 below carefully before using the Service to ensure compliance with the TCPA and all related laws.
While your Service account is active, you may elect to save a copy of your fax or voice broadcast, as well as your associated database or spreadsheet of telephone numbers ("Campaign Information") by selecting the applicable "save" option on the Advanced Settings page prior to transmitting the broadcast. If you do not select the "save" option for each fax or voice broadcast campaign prior to its transmission, you will be unable to re-access the Campaign Information from the j2 Website. You acknowledge that j2 Global may change its practices and limitations concerning storage of Campaign Information, including without limitation, the maximum number of days that Campaign Information will be retained, the maximum number of broadcasts for which Campaign Information is stored at any one time, and the maximum storage space that will be allotted on j2 Global's servers for your Campaign Information. You further agree that, subject to applicable law, j2 Global has no responsibility or liability whatsoever for the deletion or failure to store any Campaign Information.
If you are a fax broadcast customer you will be charged for the Service on a "per page" basis. If you are a voice broadcast customer you will be charged on a "per second" basis. However, if you were offered a different basis for determining your charges than as set forth above at the time you signed up for the Service, then you will be charged on that basis instead.
"Per page" fax transmission rates are based on the number of full and partial 60 second increments required to transmit each individual fax. For example, a fax that takes 30 seconds to transmit counts as one page whereas a fax that takes 61 seconds to transmit counts as two pages. j2 Global 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 changes in international tariffs, regulatory requirements, taxes or levies.
Most rates are listed at the j2 Website. If your destination’s rates are not so listed, please contact j2 Global for the current rates applicable to such destination. Protus Broadcast customers pay the rates originally presented to them upon registration for the Service, as such rates may have changed subsequently upon notice to them. j2 Global reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Service as it deems appropriate and j2 Global reserves the right to change prices or institute new charges for access to or use of the Service. At j2 Global’s sole option and discretion, you will be notified of such rate changes and/or tax charges by j2 Global, either by posting them at the j2 Website, or by sending them to you by e-mail. You are responsible for regularly reviewing the j2 Website and/or your email for such changes and/or charges. Continued use of the Service after such notice constitutes your acceptance of such rate changes and/or tax charges.
To view your current account balance, along with billing details and any accumulated charges, please click on "Account Info" after logging in to the j2 Website.
If you have any questions regarding any charges that have been applied to your account, you must contact j2 Global's Customer Service Department within thirty (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 j2 Global in accordance with this Agreement.
If you are not required to prepay for use of the Service, payment of your Service account balance is due monthly or annually, in accordance with your payment plan, and in the currency in which it is billed. If your Service account is approved by j2 Global for corporate billing in arrears, charges will be accumulated, identified by customer identification number, invoiced on a monthly basis, and payable within thirty (30) days of the date of invoice.
If your Service is provided on a pre-paid basis, you may make your initial pre-paid deposit by credit card, check, money order or wire transfer. Upon depletion of your initial pre-paid balance, you may replenish your pre-paid balance by logging into your Service account on the j2 Website. If you pay via a method other than a credit or debit card, you may contact j2 Global Customer Service for instructions on replenishing your pre-paid balance.
If the payment method for your Service account is by credit or debit card, the following terms apply: If payment is not received from the card issuer (or its agent or affiliate), you agree to pay all amounts due upon demand. Each time you use the Service or allow or cause the Service to be used, you agree and reaffirm that j2 Global is authorized to charge your designated card. You must promptly notify j2 Global of changes to: (i) the account number or expiration date of your designated credit or debit card; (ii) your billing address (for the designated credit or debit card); and (iii) the name of each minor whom you have authorized to use your j2 Global account. You must also promptly notify j2 Global if your card is canceled (e.g., for loss or theft). Periodically, you may be asked to re-input your credit or debit card information previously on file in order to continue to use the Service. In order to avoid interruptions in the Service caused by rejected credit or debit card charges, j2 Global reserves the right to update your credit or debit card details (such as expiration dates or new card numbers) where this is not prohibited by law. You understand and agree that j2 Global is entitled to obtain such updated card details, store them and use them to bill charges. Your card issuer's agreement governs your use of your designated card in connection with j2 Global, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that j2 Global 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 j2 Global 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.
. All amounts received by j2 Global with respect to the Service (whether pre-paid amounts or otherwise) are COMPLETELY NON-REFUNDABLE.
j2 Global may from time to time award you a gift balance, which is a non-refundable credit applicable toward usage balances only. Gift balances have no cash value, Effective 10/15/09 gift balances will expire on the earlier of (i) termination of your Service account or (ii) 30 days after they are issued, and are subject to any additional terms associated with the credit offer. j2 Global reserves the right to limit gift balances to a maximum of $5 per customer. In addition, j2 Global may offer other incentives or issue other credits from time to time, each of which is subject to the specific terms of the applicable offer or credit and all of which are non-refundable. j2 Global reserves the right to modify these credits or offers at any time with or without notice.
You are fully responsible for the contents of your transmissions through the Service. j2 Global simply acts as a passive conduit for you to send information of your own choosing. However, j2 Global reserves the right to take any action with respect to the Service that j2 Global deems necessary or appropriate in its sole discretion if j2 Global believes you or your information may create liability for j2 Global, compromise or disrupt the Service for you or other customers, or cause j2 Global to lose (in whole or in part) the Service of j2 Global's ISPs or other suppliers. Your use of the Service 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, securities laws or false advertising).
You agree: (a) to comply with all laws regarding the transmission of technical data exported from any country through the Service; (b) not to use the Service for any illegal purpose; (c) not to interfere with or disrupt networks connected to the Service; (d) to comply with all regulations, policies and procedures of networks connected to the Service; (e) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to use the Service to knowingly transmit misleading or inaccurate caller identification information, including doing so with the intent to defraud, cause harm or wrongfully obtain anything of value; and (7) not to transmit through the Service 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 Service makes use of the Internet for you to send information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not to use or reference the Service for chain letters, junk fax or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You 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 Service or another entity's use and enjoyment of similar Service. You further agree not to 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 j2 Global.
You must (a) obtain and pay for all equipment and third-party Service (e.g., Internet access) required for you to access and use the Service; (b) maintain any security of your account password and other confidential information relating to your Service account; and (c) to the full extent permitted by applicable law, be responsible for all charges resulting from use of your Service account, including unauthorized use prior to your notifying j2 Global of such use and taking steps to prevent its further occurrence.
The transmission of unsolicited telemarketing phone calls and faxes 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 [http://laws.justice.gc.ca/en/P-8.6/text.html] 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 Service is prohibited and a material violation of this Agreement.
Notwithstanding the above, j2 Global's distribution of advertising to you is not considered unsolicited fax advertising based upon your acceptance of this Agreement.
At j2 Global's option and without further notice, j2 Global may use technologies and procedures, such as filters, that may terminate the transmission of such unsolicited fax or voice advertisements without delivering them.
Termination for Convenience. Either you or j2 Global may terminate your Service account at any time, with or without cause, upon notice. Any such notice by you to j2 Global must be in accordance with j2 Global's verification procedures, as such procedures may be established and changed by j2 Global from time to time in its sole discretion, and which may include the requirement that you contact j2 Global by phone to confirm that any such notice was in fact sent by you. j2 Global also reserves the right to terminate or suspend your j2 Global account without prior notice, provided that j2 Global will attempt to confirm such termination or suspension by subsequent notice.
Termination for Non-Payment. j2 Global reserves the right to suspend or terminate your Service account without notice upon rejection of any credit or debit card charges, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to j2 Global when j2 Global 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 j2 Global.
Termination for Abandonment. In the event you fail to use your Service account for a period of one (1) year or longer, j2 Global will deem your Service account abandoned. In such event, j2 Global reserves the right to terminate your Service account without notice to you. In the event your account is so terminated, you will be deemed to have forfeited any remaining pre-paid balance in your Service account.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/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 the Service (as well as for use of your account by others, including, without limitation, minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
Except to the extent prohibited by applicable law, j2 Global may automatically amend this Agreement at any time by (a) posting a revised j2 Global Customer Agreement on the j2 Website, or (b) sending information regarding the amendment to the email address you provide to j2 Global. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE j2 WEBSITE AND/OR YOUR EMAIL TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICE 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 j2 Global.
j2 Global reserves the right to modify or discontinue the Service with or without notice to you. j2 Global shall not be liable to you or any third party should j2 Global exercise its right to modify or discontinue the Service.
As part of the registration process, you will be required to provide an email address and select a password. You may change your password to protect your Campaign Information after logging in to the j2 Website. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, except as otherwise set forth by applicable law, you are entirely responsible for any and all activities that occur under your Service account. You agree to immediately notify j2 Global of any unauthorized use of your Service account or any other breach of security known to you.
. j2 GLOBAL AND ALL j2 GLOBAL SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS," AND NEITHER j2 GLOBAL 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. j2 GLOBAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT j2 GLOBAL SOFTWARE OR THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. j2 GLOBAL 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.
YOUR USE OF ALL j2 GLOBAL SOFTWARE AND THE SERVICE 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 j2 GLOBAL SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM j2 GLOBAL, OR LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN ADDITION,YOU AGREE THAT NEITHER j2 GLOBAL NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES, WHETHER DIRECT OR INDIRECT (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE j2 GLOBAL SOFTWARE OR THE SERVICE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF j2 GLOBAL OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF j2 GLOBAL AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE j2 GLOBAL SOFTWARE AND THE SERVICE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE j2 GLOBAL 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
NEITHER j2 GLOBAL 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 j2 GLOBAL'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 SERVICE, OR AN INTERRUPTION IN THE TRANSMISSION OF BROADCASTED DATA TO YOUR DESIGNATED RECIPIENTS.
YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF j2 GLOBAL, IN EVALUATING THE SERVICE.
All programs, Service, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by j2 Global and/or its Affiliates, licensors and/and service providers except where expressly stated otherwise. You may not use j2 Global's or its Affiliates’ trademarks, trade names, patents, copyrights or other intellectual property rights without j2 Global's or its Affiliate’s prior written permission.
You agree to indemnify j2 Global and each of its Affiliates, 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 Service 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 including but not limited to, any violation of any laws or regulations prohibiting transmission of unsolicited fax advertisements or voice messages.
Your right to use the Service 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 Service.
You may enter into correspondence with or participate in promotions of advertisers showing their products on the j2 Website or through the service. Any such correspondence or promotions, including the delivery of and the payment for goods and Service, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. j2 Global assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Notices given by j2 Global to you will be given by email or by a general posting on the j2 Website, or by conventional mail. In any matter requiring j2 Global's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of j2 Global. Notices given by you to j2 Global must be given by email or by conventional mail (subject, however, to j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion, and which may include the requirement that you contact j2 Global by phone so as to confirm that any such notice was in fact sent by you). Notices to j2 Global by conventional mail must be sent to j2 Global Canada, Inc., Holly Lane, Suite 210 Ottawa, Ontario, Canada K1V 7P2.
YOU AGREE THAT THIS AGREEMENT, AND YOUR USE OF THE SOFTWARE AND THE SERVICE, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO, CANADA, EXCLUDING ITS CONFLICTS-OF-LAW RULES. 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 THE j2 GLOBAL SOFTWARE OR THE SERVICE RESIDES IN THE CITY OF OTTAWA, ONTARIO, CANADA; provided, however, that nothing in this section shall restrict either of the parties from resorting to the courts of any jurisdiction in order to collect, enforce or execute any judgment obtained in the courts located in the province of Ontario. 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. j2 Global's failure to act with respect to a breach by you or others does not waive j2 Global'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. j2 Global shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond j2 Global's reasonable control. Parental control protections (such as commercially available computer hardware, software, or filtering Service) 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 Service.
This site may use the moock fpi, available at http://www.moock.org/webdesign/flash/.
Under California Civil Code Section 1789.3, California customers are entitled to the following specific consumer rights information:
Pricing Information. Current rates for using the Service may be obtained by calling j2 Global’s Customer Service Department. j2 Global reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time, as provided for in Sections 9 and 10 above.