Terms of Service

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not specifically designed or certified for compliance with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). We do not currently offer a HIPAA Business Associate Agreement (BAA). Unless and until a BAA has been signed by us, you agree not to use the Services to store or transmit "protected health information" (as defined under HIPAA) in any manner that would require us to act as a "business associate" or that would impose any independent HIPAA obligations upon us, and you are solely responsible for determining whether the Services are appropriate for your intended use. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Fax numbers provided as part of the Services are United States numbers. Outbound faxing is available to the United States, Canada, and supported international destinations as described on the Site. Fax transmission depends on telephone networks and recipient equipment; delivery times and outcomes may vary.

2. FAX SERVICES AND FAIR USAGE POLICY

We act as a passive conduit for the sending and receiving of your fax communications. You are solely responsible for the contents of your transmissions through the Services. This fair usage policy is designed to prevent fraud and abuse of the Services.

The following is a non-exhaustive list of practices that would not be considered legitimate use of the Services:

• Using the Services to send unsolicited advertising;
• Reselling access to the Services, or operating the Services as an automated fax gateway or fax bureau for third parties, without our prior written permission;
• Automated, scripted, or other abusive usage patterns intended to exploit an unlimited plan or that disrupt or degrade the Services for other customers; and
• Faxing any illegal content.

Plans described as "unlimited" have no fixed monthly page or fax quota. "Unlimited" refers to normal personal and business faxing and is subject to this fair usage policy: we may review, limit, suspend, or terminate accounts whose usage is fraudulent, abusive, automated in violation of these Legal Terms, or so far outside typical usage patterns that it degrades the Services for other customers. Each individual fax transmission is subject to the per-transmission technical limits described on the Site (currently up to 100 pages per fax).

Your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including but not limited to consumer protection, false advertising, anti-discrimination, unfair competition, and export control laws). You agree:

• not to use the Services for illegal purposes;
• not to interfere with or disrupt networks connected to the Services;
• to comply with all regulations, policies, and procedures of networks connected to the Services;
• not to use the Services to infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
• not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
• to comply with all laws regarding the transmission of technical data exported from any country through the Services;
• not to transmit any material that encourages conduct that could constitute a criminal offense or give rise to civil liability;
• not to use the Services to knowingly transmit misleading or inaccurate caller identification or sender information for any reason; and
• not to interfere with another customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.

The Services make use of the Internet to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies, and procedures. You agree not to use the Services for chain letters, junk fax or junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process, and you further agree not to attempt to gain unauthorized access to other computer systems.

You agree not to sell, resell, rent, or lease the use of the Services without our prior written permission.

We may, at our option, terminate or suspend our relationship with you and your use of any Services immediately if we determine you are using the Services contrary to these Legal Terms and/or if we determine that your use may create liability for us or compromise or disrupt the Services. Other practices may be relevant in determining legitimate use, and we reserve the right to take any unlawful, prohibited, abnormal, or unusual activity into account in making that determination.

3. UNSOLICITED FAX ADVERTISEMENTS AND SPAM FAXES

The transmission of unsolicited fax advertisements through the Services is prohibited. The sending of unsolicited advertisements by fax is illegal under the Telephone Consumer Protection Act (TCPA) and the Junk Fax Prevention Act, as well as other statutes and regulations. Canada and other jurisdictions also have laws and regulations governing such communications.

If you send fax advertisements through the Services, you represent and warrant that each recipient has given prior express invitation or permission to receive fax advertisements from you, or that you have an established business relationship with the recipient as permitted by applicable law, and that each such fax includes the opt-out notice required by applicable law. You are solely responsible for complying with all laws governing your fax transmissions.

If you receive an unsolicited fax advertisement, please follow any opt-out instructions on the fax. In addition, if you believe your fax number is being abused — for example, through a third party war dialing and phishing for fax numbers and using them to send unsolicited faxes — please contact us immediately by emailing support@bestfax.com.

At our option and without further notice, we may use technologies and procedures, such as filters, that may block or terminate the transmission of unsolicited fax advertisements without delivering them.

Your fax number may not be used as a drop box for responses to spam offers or messages, and you are not permitted to opt in to receive spam faxes on your fax number. If you believe you have received a spam message that uses a Best Fax number as a drop box for responses, please contact us immediately at support@bestfax.com.

Notwithstanding the above, our own communications to our customers, based upon your acceptance of these Legal Terms, are not considered unsolicited fax advertising.

4. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@bestfax.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Documents and other content you transmit by fax are not "Submissions"; they are addressed in the "CUSTOMER FAX CONTENT" section below.

You are responsible for what you send us: By sending us Submissions, you:

• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not send us any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, threatening, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit it and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.

5. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

6. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You are entirely responsible for maintaining the confidentiality of your username, password, fax number, and account information, and for any and all activities that occur under your account. You agree to immediately notify us at support@bestfax.com of any unauthorized use of your account or any other breach of security known to you.

7. FAX NUMBERS AND CUSTOMER OF RECORD

Fax numbers provided as part of the Services are provisioned through our third-party telecommunications providers. You understand and agree that we are only granting you revocable permission to use the fax number(s) provided as part of the Services while your subscription remains active and in good standing, or until we no longer provide you with the Services.

You understand and agree that we (or our telecommunications providers) are the customer of record for all fax numbers provided as part of the Services. We are not a telephone company; we provide the Services through direct relationships with the telecommunications providers that supply the underlying telecommunication services that support the Services.

Number porting is not currently supported. We do not accept requests to port an existing fax number into the Services, and we are under no obligation to port a number provided as part of the Services out to another provider. If you require a portable fax number, the Services may not be appropriate for your needs.

8. REASSIGNMENT OF FAX NUMBERS

You understand and agree that upon termination of your account for any reason, we may reassign the fax number assigned to you to another customer. You agree to waive all claims with respect to such reassignment, whether based on contract, tort, or other grounds, even if we have notice of the possibility of damages. You further agree that we will not be liable for damages, including but not limited to consequential or special damages, arising out of any such reassignment.

You also understand and agree that we may on one or more occasions need to change the fax number assigned to you for reasons outside or within our control. You agree to waive all claims with respect to any such change in the number assigned to you, whether based on contract, tort, or other grounds, even if we have notice of the possibility of damages. You further agree that we will not be liable for damages, including but not limited to consequential or special damages, arising out of any such change.

9. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Major credit and debit cards (Visa, Mastercard, American Express, Discover)
• Digital wallets and other payment methods presented at checkout (such as Apple Pay, Google Pay, and Link)

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. You must also promptly notify us if your payment card is canceled or if your billing information changes. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If payment is not received by us from your payment card issuer or its agents, you agree to pay all amounts due upon demand. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Where not prohibited by law, we may obtain updated payment card details (such as new expiration dates) from your card issuer and use them to bill you, in order to avoid interruptions in the Services.

We reserve the right to suspend or terminate your account upon rejection of any payment card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to us when we believe 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 us. If you have a question about a charge, please contact us at support@bestfax.com within 30 days of the charge before initiating a chargeback or payment dispute.

You are not authorized to charge third-party services provided to you or at your request to a fax number provided with the Services, and you will not request or cause any third-party service provider to charge any such services to a number provided with the Services. Any such charge will allow us to terminate or suspend your account.

You must obtain and pay for all equipment and third-party services (such as Internet access and email service) required for you to access and use the Services. Failure to use your account will not be deemed a basis for refusing to pay or seeking a refund of any charges submitted by us in accordance with these Legal Terms. Except as expressly provided in the "REFUNDS; MONEY-BACK GUARANTEE" section below or as required by applicable law, all charges are non-refundable.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

10. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly or annual, depending on the plan you select at checkout.

Cancellation

You can manage your preferences and billing details related to your Subscription, or cancel your Subscription, directly by logging into your online account and opening your Billing page at https://bestfax.com/billing, where you will find the manage subscription area. This is the fastest and easiest way to cancel your Subscription without speaking to support.

Alternatively, if you require assistance with cancellation, you can contact us with your request via our support center, by calling our support number at (551) 237-8329, or by email to our support team at support@bestfax.com.

You may choose to cancel any Services at any time during a Subscription Term, including where there is a change to the Services or these Legal Terms which you do not agree with, but acknowledge that you will not receive a refund of any Subscription Fees you have paid for your then-current Subscription, unless you have canceled within the window for refunds we offer. Your cancellation will take effect at the end of the current paid term, and you will not be automatically charged for subsequent periods. If you have any questions or are unsatisfied with our Services, please email us at support@bestfax.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

11. FAX STORAGE AND CONTENT

While you have an open account with us, we will store faxes sent and received through your account at no additional cost to you. However, YOU AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR THE STORAGE, FAILURE TO STORE, OR MALFUNCTION OR DESTRUCTION OF FAXES OR OTHER COMMUNICATIONS TRANSMITTED OR MAINTAINED BY THE SERVICES, WHETHER CAUSED BY REASONS WITHIN OR BEYOND OUR CONTROL. The Services are not an archival or records-retention service, and you are solely responsible for maintaining independent copies of any faxes or documents you need to keep.

You acknowledge and agree that we may on one or more occasions, with notice to you, modify our practices and limitations concerning fax storage, including without limitation the maximum number of faxes that will be retained or stored, the maximum number of days that fax messages will be retained, and the maximum storage space allotted to your faxes or communications.

You acknowledge and agree that in the event we, in our sole discretion, determine or suspect that any use of the Services constitutes, or may give rise to, a violation of any law or regulation or these Legal Terms, or you are otherwise in breach of any provision of these Legal Terms, we reserve the right to review the content of your faxes without notice to you. We also reserve the right to review the content of your faxes without notice to you in order to address a technical or procedural difficulty.

YOU AGREE TO BE SOLELY RESPONSIBLE FOR THE CONTENTS OF YOUR TRANSMISSIONS THROUGH THE SERVICES. YOU AGREE NOT TO USE THE SERVICES FOR ILLEGAL PURPOSES OR FOR THE TRANSMISSION OF MATERIAL THAT IS UNLAWFUL, DEFAMATORY, HARASSING, LIBELOUS, INVASIVE OF ANOTHER'S PRIVACY, ABUSIVE, THREATENING, HARMFUL, VULGAR, PORNOGRAPHIC, OBSCENE, OR OTHERWISE OBJECTIONABLE, THAT CONTAINS VIRUSES, OR THAT INFRINGES OR MAY INFRINGE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER. WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICES IF THERE ARE REASONABLE GROUNDS TO BELIEVE THAT YOU HAVE USED THE SERVICES FOR ANY ILLEGAL OR UNAUTHORIZED ACTIVITY.

If you receive illegal content through our Services, please notify us immediately by emailing support@bestfax.com.

12. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services are intended for lawful personal and business fax communications; using the Services for your own ordinary business purposes (such as sending business documents) is permitted.

As a user of the Services, you agree not to:

• Send unsolicited fax advertisements or junk faxes, or otherwise violate the Telephone Consumer Protection Act, the Junk Fax Prevention Act, or any other law governing fax transmissions.
• Transmit misleading or inaccurate caller identification or sender information, or otherwise disguise the origin of a fax.
• Use the Services for war dialing, phishing for fax numbers, or as a drop box for responses to spam offers.
• Send faxes containing threats or extortion demands, or faxes intended to harass or intimidate a recipient.
• Transmit another person's protected health, financial, or other sensitive personal information without lawful authority to do so.
• Sell, resell, rent, or lease the Services without our prior written permission.
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other malicious material, or any material that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, such as spyware, web bugs, or similar devices.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software or source code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us, including copying the Services or the Content to build a competing product or service.
• Sell or otherwise transfer your profile.

13. CUSTOMER FAX CONTENT

"Customer Fax Content" means the documents, cover pages, and other content you upload to or transmit through the Services by fax, together with faxes received at your fax number. Customer Fax Content is treated as private communications between you and your correspondents — it is not published, displayed to other users, or made publicly available by us.

The following principles apply to Customer Fax Content:

• You retain all ownership rights in your Customer Fax Content. We do not claim ownership of the documents you fax.
• You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, transmit, and display Customer Fax Content solely as necessary to provide the Services — including converting documents to fax format, transmitting them through our telecommunications providers, generating delivery confirmations, and storing them in your account — and for no other purpose.
• You represent and warrant that you own or have the necessary rights to transmit your Customer Fax Content, and that its transmission does not violate any law or the rights of any third party (including intellectual property, privacy, and publicity rights).
• You are solely responsible for your Customer Fax Content, including its accuracy, its legality, and your selection of recipients.
• We do not monitor Customer Fax Content as a matter of course. We may access or review Customer Fax Content only as described in the "FAX STORAGE AND CONTENT" section above — for example, to address a technical or procedural difficulty, to investigate suspected abuse or violations of these Legal Terms, or as required by law.
• Customer Fax Content is transmitted over telephone and data networks operated by third parties, and delivery necessarily involves handoff to networks and equipment outside our control.

14. FAX TRANSMISSION AND DELIVERY STATUS

A fax reported as "delivered" means that the receiving fax machine or fax service answered the call and acknowledged successful receipt of the transmission at the fax protocol level. It does not mean, and we cannot confirm, that any particular person has seen, read, printed, or acted on your document. Confirmation pages and delivery records reflect transmission outcomes reported by the telephone network and the receiving equipment.

You are solely responsible for entering the correct recipient fax number and verifying it before sending. A fax sent to a valid but incorrect number may be received by an unintended recipient, and we have no ability to retrieve or "unsend" a fax after it has been transmitted.

Fax delivery depends on factors outside our control, including the recipient's fax machine or fax service, telephone network conditions, busy lines, and paper or toner availability at the receiving end. Faxes may fail or be delayed for these reasons. Where a transmission fails, we may retry it automatically as described on the Site.

THE SERVICES ARE NOT INTENDED OR SUITABLE FOR EMERGENCY COMMUNICATIONS OF ANY KIND. DO NOT USE THE SERVICES TO CONTACT EMERGENCY SERVICES OR TO SEND TIME-CRITICAL EMERGENCY COMMUNICATIONS. WE DO NOT GUARANTEE THAT ANY FAX WILL BE TRANSMITTED OR DELIVERED WITHIN ANY PARTICULAR TIME FRAME.

15. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

16. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Customer Fax Content or Submissions, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

17. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://bestfax.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

18. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

19. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, YOU WILL NO LONGER HAVE ACCESS TO THE FAX NUMBER(S) THAT HAD BEEN ASSIGNED TO YOUR ACCOUNT OR TO FAXES SENT OR RECEIVED WITH YOUR ACCOUNT. Your fax number may be reassigned as described in the "REASSIGNMENT OF FAX NUMBERS" section above, and stored faxes and documents may be deleted. If you cancel your subscription, your account will remain active until the end of the current paid term.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

20. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

21. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

22. DISPUTE RESOLUTION; BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND BEST FAX TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF A COURT TRIAL, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. IT AFFECTS YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED BELOW.

Agreement to Arbitrate

You and Best Fax (each a "Party" and collectively, the "Parties") agree that any dispute, controversy, or claim arising out of or relating to these Legal Terms, the Services, your account, or any communication between you and us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination of your account (each a "Dispute") — will be resolved exclusively through final and binding arbitration on an individual basis rather than in court, except as expressly provided below. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and survives the termination of these Legal Terms. The arbitrator, and not any court or agency, has exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that only a court may decide disputes about the enforceability of the class action waiver below.

Informal Resolution Comes First

Before either Party may commence arbitration, the Party seeking relief must first send the other an individualized written notice of the Dispute (a "Notice of Dispute") and attempt in good faith to resolve the Dispute informally for at least thirty (30) days from receipt of the notice. Your Notice of Dispute must be sent to support@bestfax.com or to the mailing address in the NOTICES section below, and must include: (1) your full name; (2) the email address associated with your Best Fax account; (3) a description of the Dispute and the specific relief you seek; and (4) your personal signature. Our Notice of Dispute to you will be sent to the email address associated with your account. During this period, either Party may request an individualized telephone or video settlement conference, and both Parties must personally participate (each Party's counsel may also participate). Completing this informal resolution process is a condition precedent to initiating arbitration, and any applicable statute of limitations will be tolled while the process is pending. A court may enjoin the filing or prosecution of an arbitration commenced in violation of this paragraph.

Arbitration Procedure

If a Dispute is not resolved informally, it will be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") before a single arbitrator, under the AAA's Consumer Arbitration Rules (the "AAA Consumer Rules") or, for Disputes arising out of business or commercial use of the Services, the AAA's Commercial Arbitration Rules, each as modified by this section and available at the AAA website (www.adr.org). If the AAA is unavailable to arbitrate, the Parties will select an alternative arbitral forum; if they cannot agree, a court of competent jurisdiction will appoint one. Filing, administration, and arbitrator fees will be governed by, and where appropriate limited by, the AAA Consumer Rules, and we will pay such fees where required by those rules or applicable law. The arbitration may be conducted through the submission of documents, by phone, or by videoconference; any in-person hearing for a consumer Dispute will take place in the United States county (or parish) where you live, or another mutually agreed location. The arbitrator must follow applicable law, may award the same relief on an individual basis that a court could award (including statutory damages and attorneys' fees and costs where authorized by law), and will issue a written award stating the essential findings and conclusions on which it is based. Judgment on the award may be entered in any court of competent jurisdiction. The Parties may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Exceptions: Small Claims and Intellectual Property

As the only exceptions to this arbitration agreement: (1) either Party may bring an individual claim in small claims court if the claim qualifies for and remains in that court, and if an arbitration demand asserts claims that qualify for small claims court, either Party may elect to have those claims decided there instead; and (2) either Party may bring an action in court solely for injunctive or other equitable relief to protect or enforce its intellectual property rights or to prevent actual or threatened unauthorized use of the Services, pending appointment of the arbitrator or where such relief cannot effectively be granted in arbitration.

Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT: (A) EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING; AND (C) EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY. This class action waiver is a material and essential part of this arbitration agreement. If a court decides that applicable law precludes enforcement of this waiver's limitations as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) must be brought in the courts described in the Court Forum paragraph below, and all other claims and requests for relief remain subject to individual arbitration. The class action waiver may not be severed from this arbitration agreement so as to permit any class, collective, or representative arbitration; the arbitrator may conduct only an individual arbitration.

Coordinated and Mass Filings

If twenty-five (25) or more arbitration demands raising similar claims are brought by or with the assistance of the same or coordinated counsel or organizations against either Party (a "Mass Filing"), the Parties agree that the AAA's Mass Arbitration Supplementary Rules and associated fee schedules will apply, and that the demands will be resolved in staged proceedings: the demands will be grouped into batches of no more than fifty (50); the first batch will proceed to arbitration first, and all remaining demands will be held in abeyance (with their filing fees deferred and any applicable statute of limitations tolled) until the preceding batch is resolved, after which the Parties will participate in a global mediation session before the next batch proceeds. A Party may raise noncompliance with the Informal Resolution paragraph above as to any demand in a Mass Filing, and a process arbitrator appointed under the applicable AAA rules will resolve threshold disputes about batching and compliance. This paragraph is intended to ensure the efficient, individualized resolution of all Disputes and is an integral part of this arbitration agreement.

Your Right to Opt Out

You may reject this arbitration agreement (including the class action waiver as it applies to arbitration) by emailing support@bestfax.com with the subject line "Arbitration Opt-Out" within thirty (30) days after you first accept these Legal Terms. Your opt-out notice must include your full name and the email address associated with your Best Fax account, and must be sent by you personally, not by an agent or anyone else acting on your behalf. Opting out of arbitration will not affect any other provision of these Legal Terms. If you do not opt out within the 30-day period, this arbitration agreement will be binding on you and us.

Court Forum

If a Dispute proceeds in court rather than arbitration — because you validly opted out, the Dispute falls within an exception above, or this arbitration agreement is found not to apply to the Dispute — the Dispute shall be commenced or prosecuted exclusively in the state and federal courts located in the State of Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) is excluded from these Legal Terms.

Severability and Survival

Except as stated in the Class Action and Jury Trial Waiver paragraph above, if any portion of this section is found to be unenforceable, the remaining portions will remain in full force and effect. This section survives the termination of your account, these Legal Terms, and your use of the Services.

23. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

24. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THAT ANY FAX WILL BE DELIVERED, RECEIVED, OR TRANSMITTED WITHIN ANY PARTICULAR TIME FRAME. FAX TRANSMISSION DEPENDS ON TELEPHONE NETWORKS, RECIPIENT FAX EQUIPMENT, AND OTHER FACTORS WITHIN OR BEYOND OUR CONTROL, AND OCCASIONAL PERIODS OF DOWNTIME, DELAY, OR TRANSMISSION FAILURE MAY OCCUR. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WILL NOT OCCUR.

25. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

26. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Customer Fax Content or Submissions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Services with whom you connected via the Services; or (7) your violation of any laws or regulations governing fax transmissions, including but not limited to laws prohibiting the transmission of unsolicited fax advertisements. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

27. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

29. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision, and does not waive our right to act with respect to subsequent or similar breaches. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. You may not assign or transfer these Legal Terms or any rights hereunder, and any attempt to the contrary is void. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

30. REFUNDS; MONEY-BACK GUARANTEE

Subscription Money-Back Guarantee

Our Money-Back Guarantee applies to your first subscription purchase only. To receive a refund of Subscription Fees paid, you must cancel the relevant Service within the first seven (7) calendar days of your initial Subscription Term (the "Refund Eligibility Period") and submit a refund request to Best Fax at support@bestfax.com. If you cancel and submit your refund request within the Refund Eligibility Period, you will receive a full refund of the Subscription Fees paid for the cancelled Service. The Money-Back Guarantee does not apply to renewal payments, and it does not apply again if you cancel and later re-subscribe. We do not offer pro-rated refunds if you cancel or terminate your Subscription after your Refund Eligibility Period has passed; your cancellation will take effect at the end of the current paid term, and you will retain access to the Services until then.

One-Time Fax Purchases

One-time fax purchases provide credit for a single fax transmission. If your fax cannot be delivered after all automatic retry attempts, your fax credit is automatically restored to your account so you can correct the recipient information and try again, or you may contact support to request a refund instead. A one-time purchase is considered used once your fax has been successfully transmitted, or if you cancel a transmission that is already in progress. Refund requests outside these situations are reviewed on a case-by-case basis by our support team at support@bestfax.com.

Nothing in this section limits any refund rights you may have under applicable law.

31. NOTICES

Notices provided by us will be sent to you by email, phone, fax, or mail, or by general posting on the Site. In any matter requiring our prior consent, such consent will be considered provided only if made in the foregoing manner by an authorized representative of Best Fax.

Notices to us should be sent by email to support@bestfax.com or by mail to Best Fax, 1968 Pacific Coast Hwy, #1921, Laguna Beach, CA 92651, United States. We reserve the right to verify your identity through procedures established by us on one or more occasions, which may include a requirement that you contact us by phone to confirm the notice was sent by you.

32. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Best Fax
1968 Pacific Coast Hwy, #1921
Laguna Beach, CA 92651
United States
Phone: (US) (551) 237-8329
support@bestfax.com