Terms of Service

Terms of Service Related to Fax Services by eFax®

PROVISIONS REQUIRED TO BE INCLUDED IN SERVICES AGREEMENT WITH RESELLER CUSTOMERS

1. THE FAX SERVICE

The fax service provides you with the capability to send and receive fax documents using electronic mail (“email”) pursuant to the terms set

forth herein (the “Fax Service”). As part of the registration process, you shall be required to provide an email address. You are responsible

for (1) maintaining the confidentiality of your password, fax service number and account information, (2) for all individual end users who

access and/or use the Fax Service through your account, and (3) any activities that occur through your account. Your right to use the Fax

Service is personal to you and you agree not to resell the use of the Fax Service.

The Fax Service is provided to you by Consensus Cloud Solutions, LLC and/or Consensus Cloud Solutions International Ltd., (individually

and collectively, “Supplier”). All parties to this agreement agree that Supplier shall be and is hereby named an express third-party beneficiary

of this agreement, and this agreement confers rights and remedies upon Supplier. [Reseller Entity] and Supplier are hereinafter referred to,

collectively, as “Service Providers”. Each Service Provider reserves the right to modify or discontinue the Fax Service at any time. Service

Providers shall not be liable to you or any third party should any Service Provider exercise its right to modify or discontinue the Fax Service.

Upon termination of the Fax Service or this agreement, your right to use the Fax Service immediately ceases and Service Providers will have

no obligation to forward any unread or unsent messages.

2. YOUR CONDUCT

You are solely responsible for the contents of your transmissions through the Fax Service, and the Fax Service simply acts as a passive conduit

for you to send and receive information of your own choosing. However, Service Providers reserve the right to take any action with respect to

the Fax Service that Service Providers deem necessary or appropriate in Service Providers’ sole discretion if Service Providers believe you or

your information may create liability for Service Providers, compromise or disrupt the Fax Service for you or other subscribers to the Fax

Service, or may cause Service Providers to lose (in whole or in part) the services of the ISPs or other suppliers of Service Providers.

Your use of the Fax Service is subject to all applicable local, state, national and international laws and regulations (including without limitation

those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You

agree: (1) to comply with all applicable laws regarding the transmission of technical data exported from the United States through the Fax

Service; (2) not to use the Fax Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Fax Service; (4) to comply

with all regulations, policies and procedures of networks connected to the Fax Service; (5) not to use the Fax Service to infringe any third

party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to transmit through the Fax

Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or

nature; and (7) not to use the Fax Service to store any “protected health information” (as such term is used in the Health Insurance Portability

and Accountability Act of 1996, Pub. L. No. 104-191). You further agree not to transmit any material that encourages conduct that could

constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

The transmission of unsolicited commercial "junk faxes" is illegal under the Federal Telephone Consumer Protection Act of 1991 and a number

of similar state laws. You will not use or reference the Fax Service 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. You are not permitted to "opt in" to receive spam

faxes on your fax service number or to use your fax service number as a "drop-box" for responses to email spam offers.

3. PRIVACY POLICY

The current Supplier Privacy Policy, which is incorporated herein by this reference, is available at www.efaxcorporate.com. By accepting this

agreement, you expressly consent to disclosures and use of your information as enumerated in such Privacy Policy. Supplier may amend its

Privacy Policy at any time upon thirty (30) days’ notice by (i) posting a revised version of the Privacy Policy on its website, and/or (ii) sending

information regarding amendments to the Privacy Policy to the email address you provide Service Providers. Your continued use of the Fax

Service after such thirty (30) day period shall be deemed acceptance by you of the amended Privacy Policy.

4. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE FAX SERVICE IS AT YOUR SOLE RISK. THE FAX SERVICE IS PROVIDED ON AN

"AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,

WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY

AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDERS MAKE NO WARRANTY THAT THE FAX SERVICE WILL

MEET YOUR REQUIREMENTS, OR THAT THE FAX SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE

OR THAT ANY TRANSMISSION THROUGH THE FAX SERVICE WILL BE SENT OR RECEIVED; NOR DO SERVICE PROVIDERS

MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FAX SERVICE OR AS TO

THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY

TRANSLATION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR THE ACCURACY OF ANY INFORMATION

OBTAINED THROUGH THE FAX SERVICE, OR THE ACCURACY OR RELIABILITY OF ANY FILTERING TECHNOLOGY USED

IN CONNECTION WITH THE FAX SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU

UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH

THE USE OF THE FAX SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY

RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE

DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING

FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR FILES UPLOADED, HOSTED OR

TRANSMITTED VIA THE FAX SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING

UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SERVICE

PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE

FAX SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE FAX SERVICE. SERVICE PROVIDERS ASSUME NO

RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE FAX AND EMAIL MESSAGES. NO ADVICE OR INFORMATION,

WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDERS OR THROUGH THE FAX SERVICE SHALL

CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF

CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR

CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE FAX SERVICE OR FOR COST OF

PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED

OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE FAX SERVICE OR RESULTING

FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED

TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SERVICE PROVIDERS HAVE BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVICE PROVIDERS’ LIABILITY TO YOU OR ANY THIRD PARTIES IS

LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL

OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. INDEMNIFICATION

You agree to indemnify and hold Service Providers and their affiliates, officers and employees, harmless from any claim or demand, including

reasonable attorneys' fees, made by any third party due to or arising out of your use of the Fax Service, your violation of this agreement, or the

infringement by you, or another user of the Fax Service on your behalf, of any third party intellectual property right.

7. PORTING

YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE FAX SERVICE NUMBERS THAT ARE PROVIDED AS

PART OF THE FAX SERVICE (EACH SUCH FAX SERVICE NUMBER IS REFERRED TO HEREINAFTER A “DID”) ONLY UNTIL

THE END OF THE TERM OF YOUR AGREEMENT, UNLESS YOU SATISFY THE REQUIREMENTS FOR A PORTED DID (AS

DEFINED BELOW) AS SET FORTH BELOW. Supplier IS GRANTING YOU REVOCABLE PERMISSION TO USE SUCH DID(S) IN

ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND AND

AGREE THAT Supplier IS THE CUSTOMER OF RECORD OF ALL DID(S) PROVIDED AS PART OF THE FAX SERVICE AND,

THEREFORE, Supplier HAS CERTAIN RIGHTS WITH RESPECT TO THE DID(S), INCLUDING WITHOUT LIMITATION CERTAIN

RIGHTS RELATING TO THE PORTING OF DID(S). AS THE CUSTOMER OF RECORD FOR THE DID(S), Supplier HAS A DIRECT

RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT

SUPPORT THE FAX SERVICE YOU RECEIVE.

YOU UNDERSTAND AND AGREE THAT Supplier IS NOT, ITSELF, A TELEPHONE COMPANY AND THEREFORE Supplier IS NOT

UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY DID(S) PROVIDED AS PART OF THE FAX SERVICE UNLESS

THEY ARE PORTED DID(S) AND YOU SATISFY THE REQUIREMENTS SET FORTH BELOW. YOU UNDERSTAND AND AGREE

THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH DID(S) TO BE TRANSFERRED

TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS THEY ARE

PORTED DID(S) AND YOU SATISFY THE REQUIREMENTS SET FORTH BELOW.

YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF THE FAX SERVICE FOR ANY REASON, THE

DID(S) PROVIDED BY Supplier AS PART OF THE FAX SERVICE AND ANY PORTED DID(S) WHICH YOU FAIL TO REQUEST TO

PORT AS SET FORTH BELOW MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT

Supplier WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,

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 Supplier HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

A “Ported DID” is a telephone number you ported from your telecommunications carrier(s) to Supplier’s telecommunications carrier(s) to be

placed in Supplier’s name. Service Providers’ charges for porting in and porting out Ported DIDs depends on the location and quantity of the

Ported DIDs. You shall not delete Ported DIDs from your account during the term of the agreement.

Upon termination of this agreement (other than termination due to your breach of this agreement), Supplier agrees, following receipt of your

written request sent to corpporting@consensus.com and received within 60 days of the termination date, to use commercially reasonable efforts

to transfer back the requested Ported DIDs to a telecommunications provider you designate. In the event you fail to request to port out any

Ported DIDs within sixty (60) days of the termination of this agreement, you shall no longer have a right to have any Ported DIDs ported out.