Terms of Service Agreement



READ THIS AGREEMENT CAREFULLY. WE ARE WILLING TO PROVIDE DEPOSITDOX'S SOFTWARE, CONTENT AND SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE FOLLOWING TERMS. BY REGISTERING WITH US AND/OR BY USING DEPOSITDOX, INC., YOU ARE AGREEING ELECTRONICALLY TO THE FOLLOWING TERMS, WHICH IS AN AGREEMENT BINDING ON YOU (THE "AGREEMENT"). IF YOU DO NOT AGREE, DO NOT USE DEPOSITDOX, INC.
 

  1. ABOUT THIS AGREEMENT. This Agreement governs your registration, access and use of DepositDox, Inc. dba FaxBetter.com and DepositDox.com's software (including any updates), services, Content and upgrades ("DepositDox" and "The Company"). The general terms of this Agreement may be supplement by usage rules, terms, guidelines and policies ("Usage Rule(s)") that will apply to your use of specific DepositDox features. Such Usage Rules will be posted with the applicable application and are binding on you as part of this Agreement. In this Agreement, the terms:
    • "Content" means data, text, communications, software, images, sounds, video or other information that you store or that others may share with you, either privately or publicly on or through DepositDox;
    • "We" or "us" means collectively DepositDox, Inc. and affiliates; and
    • "You" and "your" means both you and such person or entity in whose behalf you act, if any.
  2. CHANGES TO THE AGREEMENT. We may modify this Agreement and any Usage Rules at any time. You agree to assume all responsibility in reviewing this Agreement periodically so that you will be apprised of any changes. If you continue to use DepositDox after we post or notify you about changes to these terms, you are signifying your acceptance of the new terms.
  3. DEPOSITDOX. DepositDox provides telecommunication and online data storage resources. We offer DepositDox at different plans and price packages. The level of features that will be available to you will depend on the plan and price package selected by you. Certain premium features are available only with fee-based plans. The terms of the offer selected by you, including any fees associated with the plan, are binding on you. Purchases are final and non-refundable. In the event we offer any free trial promotions, we may limit the number of promotions we offer to you. Any trial promotion to a subscription plan (such as free trial time) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a fee. We have no obligation to offer any specific feature or plan. Certain features or offerings may not be available in all geographic locations. We may change or discontinue DepositDox or any feature of DepositDox at any time and without notice.
  4. GENERAL OPERATING RULES; BANDWIDTH LIMITATIONS. YOU AGREE THAT WE MAY IN OUR COMPLETE DISCRETION ESTABLISH GENERAL OPERATING PRACTICES TO MAXIMIZE THE OPERATION AND AVAILABILITY OF DEPOSITDOX FOR THE GREATEST BENEFIT OF OUR USERS AND TO PREVENT ABUSES. AS PART OF THESE PRACTICES, WE RESERVE THE RIGHT TO MONITOR OUR SYSTEM TO IDENTIFY EXCESSIVE CONSUMPTION OF NETWORK RESOURCES AND TO TAKE SUCH TECHNICAL AND OTHER REMEDIES WE DEEM APPROPRIATE TO PREVENT ABUSES. YOUR CONSUMPTION OF DEPOSITDOX SERVICES MAY BE DEEMED EXCESSIVE IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF DEPOSITDOX'S CUSTOMERS GENERALLY. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, WE RESERVE THE RIGHT IN OUR DISCRETION TO ARRANGE A CUSTOM PRICING PLAN THAT WILL PERMIT YOU TO CONTINUE TO USE DEPOSITDOX. PLEASE NOTE, INCIDENTS OF VIOLATION OF THIS POLICY HAVE BEEN INFREQUENT AMONG DEPOSITDOX USERS; HOWEVER, WE RETAIN THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A VIOLATION OF THESE TERMS.
  5. REGISTRATION WITH INTERACTIVE SERVICES. You may be required to register with us and obtain a username and password in order to access and use DepositDox. This same username may allow you to access other online services offered by us. Your registration for a username will be subject to separate terms and conditions, which you agree you will abide by when you use your username with DepositDox. You may not have a username that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any username that we determine in our discretion is unacceptable for use with DepositDox.
  6. YOUR REPRESENTATION. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use DepositDox only for lawful purposes, that you are providing complete and accurate information about yourself when you register with us, that you will keep your registration information current, and that you will not violate the terms of this Agreement.
  7. YOUR INFORMATION. The DepositDox Privacy Policy located at www.faxbetter.com/Legal/Privacy.aspx discloses our information practices regarding your registration and use of DepositDox and the choices that you can make about the use of your information. By signing up for DepositDox and/or by using DepositDox, you consent to the information practices disclosed in our privacy policy.
  8. EQUIPMENT AND SOFTWARE. You must provide at your own expense Internet access, compatible software and compatible equipment to access and use DepositDox. You must ensure that you meet the system requirements that we will disclose to you when you sign up for DepositDox. You may need to download from us certain software to use DepositDox features. Please go to the "Support" area located at www.FaxBetter.com for more information. You may need to obtain updates or upgrades from time to time in order to continue using DepositDox. We may modify system requirements or the Software at any time. WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER OR OTHER DEVICE WILL BE COMPATIBLE OR FUNCTION WITH THE DepositDox SOFTWARE AND SERVICE. We may modify the system requirements for DepositDox at any time.
  9. YOUR RESPONSIBILITIES. DepositDox is for your personal use only. You are responsible for all activities under your account, including all legal liability incurred from the use or access of your account by you and others. You are solely responsible for the Content you store, make available or retrieve from your account and from all public folders. You are responsible for keeping your password confidential. You may not submit or transmit through DepositDox any Content, material, or otherwise engage in any conduct that:
    • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
    • violates the privacy of another;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
    • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • impersonates any person, business or entity, including our company and our employees and agents;
    • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
    • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
    • advertises, sells or distributes prohibited items, including lotteries, betting or wagering activities, ammunition, firearms, fireworks, tobacco, alcohol, adult products/services and explosive materials;
    • violates this Agreement, guidelines or any policy posted on DepositDox; or
    • interferes with the use of DepositDox by others.
    You may not:
    • use DepositDox in any way that may damage, disable, overburden, or impair our servers or networks;
    • use DepositDox services to attempt to exploit a minor (under 18 years) old or solicit personal information from a minor;
    • try to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;
    • use DepositDox or communication tools provided by us to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages); or
    • harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.
    We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement, including without limitation, immediate termination of your account or access to DepositDox if we believe in our discretion you are violating this Agreement.  Additionally this termination of your account will be considered the same as a cancellation as defined herein.  This includes but is not limited to the fact that NO PRORATED REFUNDS WILL BE GIVEN FOR TERMINATIONS PRIOR TO THE END OF YOUR PAID TERM UNDER ANY CIRCUMSTANCES.
  10. PROPRIETARY RIGHTS. DepositDox, its licensors and contributors own all right, title and interest in DepositDox ("DepositDox Rights"). The DepositDox Rights are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. All DepositDox Rights are reserved by their respective owners. You may only use DepositDox as authorized by this Agreement.
  11. POSTING CONTENT AND DATA. You may only share or post Content on DepositDox that you created or that you have permission to share or post. You are solely responsible for the Content you post on DepositDox, including without limitation, the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Content. We shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content. You may not post or share Content that violates this Agreement. We do not claim ownership of any Content that you may post on or share through DepositDox; however, if you elect to submit Content on areas of DepositDox that are generally available to the public (such as message boards), you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this content in any medium. Visit the Copyright Permission Page for information on how you can request permission to reproduce certain Content from DepositDox.
  12. MONITORING. We are not liable for Content that is provided by others. We have no duty to pre-screen such Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. We are not responsible for Content made available on the Internet.
  13. FEES AND PAYMENT. You agree to pay the applicable fees and charges for any purchases that you make from us. All charges are nonrefundable unless provided otherwise by us. We may limit the number of promotions for which you may be eligible in a given period. You must select a payment method to pay us for any subscription fees and all purchases made from us. You must give us accurate billing and payment information and keep this information up-to-date. We will bill you through the payment method that is associated with your account. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize us to charge your designated payment method for these charges and to retain information about the payment method associated with your account. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make from us.  If you do not keep your payment information current, you authorize us to make assumptions about your billing information in order to successfully collect payment.  These assumptions may include but are not limited to incrementing your bank card's expiration year.
    Every time you make a purchase or use DepositDox, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends).
    ANY SERVICE FEES WILL BE CHARGED IN ADVANCE AND ARE NOT REFUNDABLE. If you cancel during the term in which you paid, the DepositDox service for which you paid will continue through the term paid. NO PRORATED REFUNDS WILL BE GIVEN UNDER ANY CIRCUMSTANCES. DepositDox will automatically charge your payment method for your service charges whether monthly, yearly or otherwise, and any applicable fees and taxes, after the last day of the period in which you prepaid unless you had canceled at least seven (7) days prior. 
    Be aware that we occasionally offer trial or introductory offers that, at their expiration, commit you to a term specified by said offer if you do not cancel before said offer period has expired.  ANY SERVICE FEES CHARGED IN ADVANCE AT THE END OF SAID OFFER TO PAY FOR FUTURE SERVICES ARE NOT REFUNDABLE. If you cancel during the term in which you were committed by said offer, the DepositDox service for which you paid will continue through the term paid. NO PRORATED REFUNDS WILL BE GIVEN UNDER ANY CIRCUMSTANCES.
    DepositDox will automatically charge your payment method in advance for a block of fax pages once an excess of allotment (as defined on "Options" page) has been reached.  These fees are not refundable for any reason even if the account has been canceled and/or the pages are never used.
    Following any unsuccessful attempts to collect payment, your account will be deemed delinquent ("Delinquent") and we have the right to terminate or suspend your account for nonpayment. We reserves the right to assess up to a $100 reactivation fee and an additional 1.5 percent (or the highest amount allowed by law) per month late charge to Delinquent accounts and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by us in our efforts to collect any remaining balances from you.
    Once your account has been deemed Delinquent, reactivation will be at the then prevailing full retail rates plus a possible reactivation fee as defined above. 
    DepositDox accounts are intended for single user use. If we feel, in our sole discretion, that you are using the account for multiple users or we deem that your use is in excess of average, we reserve the right to charge you an additional charge per page.
  14. BILLING DISPUTES. You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank or credit card company. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies. Please go to the Support area on www.FaxBetter.com for general billing information.
  15. LICENSE; SOFTWARE. We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use DepositDox for your own use and provided that you comply and remain in compliance with this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of DepositDox. Your license terminates immediately upon cancellation or termination of your DepositDox account or if we believe you are in violation of this Agreement. Unless provided otherwise in a separate license agreement, any software we provide to you may be installed on any single computer or device from which you wish to access and use DepositDox. You may not (a) sell or redistribute DepositDox, (b) incorporate any aspect of DepositDox into another product, or (c) reverse engineer, decompile or disassemble DepositDox or otherwise attempt to derive the source code from DepositDox (except where expressly permitted by law). You may not modify, adapt or create derivative works from DepositDox in any way or remove proprietary notices posted on DepositDox. You may access DepositDox only through the software, interfaces and protocols provided or authorized by us. Also, you may not authorize or assist any third party to do any of the things prohibited in this paragraph. Any rights not specifically licensed to you for any DepositDox software are reserved by the owner of the rights in the software. We may automatically check your version of DepositDox software. We may automatically update DepositDox software on your computer to improve the performance and capabilities of such software. If you shut down the DepositDox software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
    Your license will end on the date your DepositDox service ends. Your license will also end if we modify DepositDox in a way that no longer supports the service.
    DepositDox (including its software) is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein.
    We are under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements to DepositDox, although we may do so in our sole discretion.
  16. DISCLAIMER OF WARRANTIES. We provide DepositDox "as is", "with all faults" and "as available." We, our vendors and distributors ("Service Providers") make no express warranties or guarantees about DepositDox. TO THE EXTENT PERMITTED BY LAW, THE SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES THAT DEPOSITDOX IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE SERVICE PROVIDERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DEPOSITDOX, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, MEET YOUR TASTES, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE DEPOSITDOX (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE INEGRITY OR SECURITY OF YOUR FILES OR CONTENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS AND COPYRIGHT OF ANY DATA OFFERED OR SHARED BY OTHERS ON DEPOSITDOX. You may have additional consumer rights under your local laws that this contract cannot change. You use DepositDox at your own risk.
  17. LIMITATION OF LIABILITY. YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH THE SERVICE PROVIDER OR DepositDox IS TO DISCONTINUE YOUR USE OF DepositDox OR TO CANCEL ANY SUBSCRIPTION THAT YOU MAY HAVE WITH US. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF DepositDox EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
    WE SHALL NOT BE LIABLE FOR LOSS OF CONTENT THAT YOU STORE WITH DepositDox. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, ACTIONS OF THIRD PARTIES OR NATURAL DISASTERS.
    THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF DepositDox AND ITS SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
  18. CANCELLATION; DOWNGRADING. Unless you are on a plan that requires a time commitment, you may cancel a subscription that you may have with DepositDox at any time, for any reason. Please go to the "Support" area on FaxBetter at www.FaxBetter.com for instructions on how to cancel a subscript. Once you have canceled, you will have full use of your account until your paid term has expired. NO PRORATED REFUNDS WILL BE GIVEN FOR CANCELLATIONS PRIOR TO THE END OF YOUR PAID TERM UNDER ANY CIRCUMSTANCES. If you are participating in any trial period offer, you must cancel DepositDox before the end of the trial period to avoid incurring charges. Certain plans may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer.
    Request for downgrading an account whereby payments are reduced or eliminated may result in repossession of fax number and are hereby considered a termination or deactivation. See "TERMINATION; DEACTIVATION" paragraph for additional terms.
  19. TERMINATION; DEACTIVATION. We may cancel or suspend access to your DepositDox account at any time, without cause. We may (in our sole discretion) remove and/or purge the data and account of any user from our system if a user of any free service does not access his or her account for a period of one (1) year.
    Your right to use DepositDox will end once your DepositDox account is canceled or terminated, and any data you have stored on DepositDox may be unavailable later. You remain responsible for paying any amounts owed on your account at the time your account is terminated or canceled.
    When signing up for a free account, you are assigned a fax number. This fax number remains the property of DepositDox, Inc. It may therefore be repossessed at any time. Any expenses incurred as a result of repossession are the sole responsibility of the entity incurring such expenses and in any event are not the responsibility of DepositDox, Inc. In this way, do not print any business cards, letterhead, envelopes, etc. with this fax number on it without understanding that this number may be repossessed making such materials useless. Be forewarned that any loss of business incurred as a result of such repossession can never be assigned or construed to be a liability of DepositDox, Inc. for any reason whatsoever.
    Requests for a repossessed fax number will be considered but only if you have converted to a full account and may be accompanied by up to a $100 reactivation fee. There is no guarantee that the original number will be retrieved.
  20. CHARGEBACKS.  We are charged a fee by our merchant bank for chargebacks.  Additionally, chargebacks require additional administration by DepositDox.  Please attempt to resolve your dispute with us directly before submitting a chargeback.  If you submit a chargeback to your card company, you forfeit your rights to communicate with DepositDox directly and all communication must be made with your bank card company.  Additionally, we will immediately terminate your account, delete your files and release your fax number and refund you the amount in protest less $200 processing fee in order to recoup our losses.  No refunds will be given by DepositDox for any unused portion of your prepaid service whether the chargeback is reversed or affirmed. 
    If you wish to reactivate your account after you have submitted a chargeback to your card company, you must first contact your card company and request that they reverse the chargeback.  Once your card company contacts us to confirm the reversal, we will charge you for one full year of service plus up to $100 reactivation fee.  No refunds will be given for any previously unused portion of your prepaid service.
  21. INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of DepositDox and for any violation by you of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
  22. ELECTRONIC CONTRACTING AND NOTICES. Your affirmative act purchasing or registering for DepositDox constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You agree that we may send to you in electronic form any privacy, disclosures or other notices about DepositDox, including without limitation, notices about changes to pricing or changes to this Agreement (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account associated with your DepositDox account, or (3) by posting the Notice on DepositDox. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your DepositDox account. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Service" (or "Terms of Use") link on the home page of www.FaxBetter.com. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
  23. ENTIRE AGREEMENT This Agreement and any Usage Rules, price package offers, supplemental terms, policies, rules and guidelines posted on DepositDox constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Sections 6, 9, 13 to 16, 18, and 20 to 22 survive the termination of this Agreement.
  24. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the law of the state of Florida governs this contract and any claim or dispute that you may have against us, without regard to Florida's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Florida.
    PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF FLORIDA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
  25. ASSIGNMENT. We may assign this contract at any time without notice to you. You may not assign or transfer this contract to any one else.
  26. PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on DepositDox in a way that constitutes copyright infringement, please review the Procedures for Making Claims of Copyright Infringement for instructions on how to contact us to report possible copyright infringement.
  27. NON-DISCLOSURE/NON-COMPETE AGREEMENT. The DepositDox Non-Disclosure/Non-Compete Agreement located at www.faxbetter.com/Legal/nda.aspx discloses our Non-Disclosure/Non-Compete policy. By signing up for DepositDox and/or by using DepositDox, you consent to the policy described herein as it changes from time to time.
  28. Customer of Record of the Telephone Numbers.  YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE TELEPHONE NUMBER(S) THAT ARE PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT WITH THE COMPANY OR UNTIL THE COMPANY NO LONGER PROVIDES YOU WITH SERVICE UNLESS YOU SATISFY THE PROVISIONS IN SECTION a BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH TELEPHONE NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT THE COMPANY IS THE CUSTOMER OF RECORD OF ALL TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICES AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH RESPECT THE NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF THE 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 THE TELEPHONE NUMBER(S), THE COMPANY HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT, ITSELF, A TELEPHONE COMPANY AND THEREFORE THE COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICE UNLESS YOU SATISFY THE PROVISIONS IN SECTION a BELOW FOR PORTING OUT THE NUMBER. YOU UNDERSTAND AND AGREE THAT 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 UNLESS YOU SATISFY THE PROVISIONS IN SECTION a BELOW FOR PORTING OUT THE NUMBER(S). IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO US $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE NUMBER(S) TO BE SO RETURNED. 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 THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF THE COMPANY'S LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-US JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE TELEPHONE NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF YOU OR THE NUMBER(S) ASSIGNED TO YOU 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-US LAW, YOU MAY "PORT OUT" SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT ONLY IF, AND ONLY IF, YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO "PORT OUT" SUCH TELEPHONE NUMBER(S) OR THE NUMBER(S) YOU PORTED IN ASSOCIATED WITH THE TERMINATED ACCOUNT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR ACCOUNT (THE "PORTING NOTICE PERIOD"); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES THE COMPANY’S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE COMPANY FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE THE COMPANY NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF $40 (OR THE EQUIVALENT IN LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT FOR THE ADMINISTRATIVE FEE IN SUBSECTION (iv). THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR ACCOUNT WITH THE COMPANY 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, THE COMPANY REMAINS THE CUSTOMER OF RECORD OVER 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. THE COMPANY 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 CARD THE US$500 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE IN THIS SECTION. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION 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. THE COMPANY 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 DepositDox ACCOUNT FOR ANY REASON, SUCH DepositDox NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT DepositDox 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 DepositDox HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU FURTHER UNDERSTAND AND AGREE THAT DepositDox MAY FROM TIME TO TIME NEED TO CHANGE THE DepositDox NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN DepositDox's CONTROL). YOU AGREE THAT DepositDox WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE DepositDox 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 DepositDox HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE DepositDox NUMBER ASSIGNED TO YOU BY DepositDox AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. EXCEPT AS PROHIBITED BY APPLICABLE LAW, ANY SUCH CHARGES WILL GIVE DepositDox THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR DepositDox ACCOUNT WITHOUT NOTICE.
  29. From time to time DepositDox may run sweepstakes.  The following terms and conditions relate to these sweepstakes:
    NO PURCHASE REQUIRED or NECESSARY to enter or win. You must be at least 18 years of age at the time of entry and a resident of the United States to be eligible for this sweepstakes. Employees (their families and members of their household) of DeposiDox, its affiliated companies, subsidiaries, and authorized dealer and retailer network are not eligible to participate in this sweepstakes.
    HOW TO ENTER. Beginning at 12:00 a.m. Eastern Time ("ET") on the day the sweepstakes begin and ending on the day the sweepstakes end as specified in various marketing materials, complete the necessary requirements as defined by the marketing materials. Only one entry per person will be accepted unless specified otherwise in the marketing materials. All entries must be received as specified above will be entered into the random drawing. The drawing will take place at DepositDox, on or before 15 days after the ending date specified on the marketing materials.  DepositDox reserves the right to disqualify any person suspected of tampering with the entry process, the operation of the application, or otherwise in violation of the rules. Use of bots, scripts, macro, or other automated process to enter is prohibited and may result in disqualification at the sole discretion of DepositDox. DepositDox further reserves the right to cancel, terminate, or modify any promotion not capable of completion as planned, including by reason of infection by virus, bugs, tampering, unauthorized intervention, lack of participation or technical failures of any sort.  All entries become the property of FaxBetter. Void where prohibited by law or regulation. DepositDox is not responsible for any incorrect, lost, late, misdirected, incomplete, or other unacceptable entries or for any computer, Internet, or other technical problem during submission of an entry.
    PRIZE. As specified by the various marketing materials.
    USE OF ENTRANT INFORMATION. By entering into the sweepstakes, you agree that DepositDox may use the entrant's information for general solicitation, marketing, or other promotional activities in connection with DepositDox products and the services and products provided by its authorized dealer and retailer network. You may at any time revoke the use of such information by DepositDox and its authorized dealer and retailer network by opting out at http://www.faxbetter.com/unsubscribe.aspx.
    RANDOM DRAWING. Prize-winner will be selected via random drawing from all eligible entries received during the applicable sweepstakes period. The prize-winner will be notified by e-mail. The prize-winner will be solely responsible for all federal, state, and local taxes, and the reporting consequence thereof, if any.  The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient who receives a prize if the amount of the prize is $600 or more.  DepositDox will send the winner a W9 form, which must be completed and returned to DepositDox for the winner to receive the prize. A copy of the 1099-MISC filed by DepositDox will be sent to the winner. The 1099-MISC will be issued for the fair market value of the prize. Any winner who fails to provide information sufficient to complete IRS Form 1099-MISC shall forfeit any and all rights to the applicable prize.  If any potential winner selected cannot be contacted, or does not respond within five (5) business days, or the prize or prize notification is returned as undeliverable, such potential winner shall forfeit any and all rights to a prize and, at discretion of DepositDox an alternate potential winner may be selected.  Except where prohibited:  Acceptance of prize constitutes consent to use winner's name and likeness for editorial, advertising and publicity purposes, without further compensation; Winner may be required to sign an affidavit of eligibility (including social security number). If required, affidavits and releases must be returned within fourteen (14) days of attempted notification or an alternate winner may be chosen; Only online entries will be entered into the drawing. DepositDox's decisions in all matters relating to or arising out of the sweepstakes are final. The prize-winner will be notified by e-mail. The odds of winning depend on the number of entries received. The prizes are not transferable.
    AUTHORITY. By submitting an entry to this DepositDox sweepstakes, you hereby certify that you are authorized to provide the information necessary for this entry and to receive information regarding the products of Herman Miller, Inc., and the services and products of its authorized dealer and retailer network.
    GOVERNING LAW. This sweepstakes shall be governed by, interpreted, and construed in accordance with the laws of the State of Florida. By entering this sweepstakes, you agree that the laws of the State of Florida, without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises. Any action, dispute, claim, or suit arising out of or in connection with this sweepstakes, the prizes awarded hereunder, or the information submitted shall be brought in a court of competent jurisdiction in the county of Sarasota, State of Florida.
    NOTIFICATION OF WINNER. To receive information about the winner (available 30 days after the published sweepstakes end date), send an email to support@faxbetter.com.
    TERMS OF USE. The Terms of Use that are incorporated at http://www.faxbetter.com/Legal/Terms.aspx are incorporated here by reference.
    CONTENT ERRORS. DepositDox is not responsible for errors in the administration or fulfillment of this sweepstakes including, without limitation, mechanical, human, printing, distribution or production errors, and may modify or cancel this promotion based upon such an error at their sole discretion, and without liability.
  30. Sister Company Policy. By agreeing to the DepositDox policy you also agree to DepositDox's sister company, Perfect.Delivery LLC, policy. A copy of the Perfect.Delivery LLC policy can be found here


Last Updated:  April 12, 2016