Customer Agreement

This Agreement is between j2 Global Communications, Inc. ("j2 Global", "we" or "us") and you ("you" or "Customer"), as a subscriber to the Consensus(tm) conference calling service (the "Service"). This Agreement, together with all operating rules, policies, price schedules and other supplemental documents expressly incorporated herein by reference or published from time to time by j2 Global (collectively, this "Agreement"), constitutes the entire agreement between j2 Global and you regarding the Service, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. When you activate the Service, or attempt to use it, you confirm your acceptance of, and agree to be bound by, the terms of this Agreement then in effect.

If you begin registration for the Service through the website http://www.consensus.com, any other website owned or operated by j2 Global (collectively, the "Website") or any website operated by an authorized representative of j2 Global, but fail to complete the process, j2 Global may contact you via email or telephone in an effort to successfully guide you through this process. You hereby authorize j2 Global to make such contact, even if you ultimately determine not to purchase the Service.

1. Privacy Policy

  1. j2 Global is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. To demonstrate our commitment to our Customers' privacy, we have developed a Privacy Policy, a current copy of which is available here.
  2. If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our Customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use Customers' personally identifiable information in a manner different from that stated at the time of collection, we will notify Customers via email. Customers will have a choice as to whether or not we use their information in this different manner. However, if Customers have opted out of all communication with j2 Global in connection with the Service, or deleted/deactivated their account for the Service, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect Customer information already stored in our databases, we will post a prominent notice on the Website notifying Customers of the change. In some cases where we post a notice we will also email Customers who have opted to receive communications from us, notifying them of the changes in our privacy practices.

2. Usage Policies

  1. You are fully responsible for all usage of the Service under your account, including usage by participants on conference calls initiated through your account and any unauthorized use on your account. j2 Global, in its sole discretion, reserves the right to take any action with respect to the Service that it deems necessary or appropriate. If j2 Global believes that the use under your account may create liability for j2 Global or compromise or disrupt the Service for you or other Customers we will take appropriate action. You agree that you are responsible for all participants who access and/or use the Service through your account, and that any breach by any such participants of any of the terms of this Agreement shall be considered to be a breach by you of this Agreement.
  2. All use under your account must: (1) comply with all applicable local, state, national or international law or regulation relating to the Service; (2) not interfere or disrupt telephone or other networks connected to the Service; and (3) not interfere with another Customer's use and enjoyment of the Service or another entity's use and enjoyment of a similar service.
  3. You must: (1) obtain and pay for all equipment and third-party services (e.g., telephone connection and Internet access) required for you or other participants on conference calls to access and use the Service; (2) maintain the security of all confidential information relating to your account; and (3) be responsible for all charges resulting from your and all participants use of the Services through your account, including unauthorized use that takes place prior to your notifying j2 Global of such use and your taking steps to prevent its further occurrence. You must promptly notify j2 Global if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your account number or personal identification number.
  4. The limited trial period is provided to you only once per individual or business unit and if j2 Global discovers multiple use by an individual or members of a business unit, you or the business unit will be responsible for all charges resulting from the amount that would have been due had you or the business unit complied with this limitation.

3. Charges

  1. You agree to pay all charges for your and all participants' use of the Service through your account at the prices then in effect on the Website. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law, all of which you agree to pay as charged. j2 Global reserves the right to change prices or institute new charges for access to or use of the Service. All changes will be posted by j2 Global on the Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Service or non-termination of your account after changes are posted constitutes your acceptance of the prices, as modified, or the application of any new or modified charges.
  2. The Service is initially provided to you on a limited trial basis which expires on the earlier of a specified number of days or once usage under your account exceeds the free dollar amount provided under the trial, as set forth on the Website. This dollar amount will deplete in accordance with the pricing schedule effective at the time of usage, as set forth on the Website.
  3. The initial monthly minimum usage fee, as set forth on the Website (the "Minimum Fee"), will automatically be charged to your credit or debit card on the 30th day from the date of your registration. Thereafter, the Minimum Fee will automatically be charged every month without further authorization from you. The Minimum Fee is payable in full even if during the applicable month you do not exhaust the total dollar amount of usage included in the Minimum Fee. You agree that j2 Global may submit charges for your Minimum Fee each month without further authorization from you, until you provide notice (in accordance with j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before j2 Global reasonably could act on your notice.
  4. If either: (1) during your limited trial period, usage under your account exceeds the usage equaling the dollar amount of free usage provided under the trial, or (2) after the expiration of your limited trial period, usage under your account exceeds the total amount of usage included in the Minimum Fee (each, a "Triggering Event"), then additional usage charges will apply, as set forth on the Website. In order to provide a ready source of funds to pay for such charges, upon a Triggering Event, we will automatically charge your credit or debit card an amount of U.S. $50.00, or the equivalent in local currency, without further authorization from you. This automatically charged amount is referred to as your "Deposit." Every time you incur additional usage charges (i.e., your usage exceeds the total amount of usage included in the Minimum Fee or the trial period), we will apply these additional usage charges against your Deposit. Whenever the balance of your Deposit falls to U.S. $2.00 (or the equivalent in local currency), an additional Deposit will immediately be charged to your credit or debit card without further authorization from you. You may increase or decrease the amount of the Deposit through the "My Account" page on the Website and such increase or decrease will apply on your next Deposit charge. In the event we are unable to successfully charge your credit or debit card while you are on a conference call, and your Deposit falls to zero, your call will be automatically disconnected. You agree that j2 Global may submit charges for your Deposit, without further authorization from you, until you provide notice (in accordance with j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before j2 Global reasonably could act on your notice.
  5. Upon registering for the Service, an amount equaling the Minimum Fee or less (or the equivalent in local currency) will automatically BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will automatically be charged to your credit or debit card on the 30th day from the date of registration, as stated above in Section 3(c).
  6. Conference call minutes are calculated per call "leg" (meaning a per minute charge for each participant on the call). The rate charged for each leg is set forth on the Website. The tolling of the minutes under your account for each conference call will commence once you, the organizer, connects to the call. Each leg connecting to the conference bridge after you connect to the call will add additional minutes under your account. The tolling of the minutes will end when you exit the conference call. Your account will be billed in whole minute increments on a per leg basis and partial minutes are rounded up to the next whole minute. For example, if three participants are on a conference call for five minutes and ten seconds each, 18 minutes in usage fees will be charged against your Deposit.
  7. If during any month you do not exhaust the total dollar amount of usage included in the Minimum Fee, then the unused portion of the usage included in the Minimum Fee WILL NOT rollover to the following month. Likewise, any unused usage included in your trial period will no longer be available for use upon expiration of your trial period.
  8. Your Minimum Fee, Deposits and all other fees are completely non refundable. You must provide notice (in accordance with j2 Global's verification procedures, as may be established by j2 Global from time to time, in its sole discretion) that you have terminated authorization or changed your designated card to avoid any charges. Such notice will not affect charges submitted before j2 Global reasonably could act on your notice in order to avoid incurring any charges. If you have any questions regarding charges that have been applied to your account, you must contact j2 Global's Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by j2 Global in accordance with this Agreement.
  9. Without limiting anything else in this Agreement, j2 Global reserves the right to suspend or terminate your Service without notice upon rejection of any credit or debit card charge or if your card issuer (or its agent or affiliate) seeks return of payments previously made to j2 Global when j2 Global believes you are liable for the charge. Such rights are in addition to, and not in lieu of, any other legal rights or remedies available to j2 Global. j2 Global reserves the right to refer your account to a third party for collection in the event of default and you agree to pay all costs incurred in the collection of any delinquent fees.
  10. If payment is not received by j2 Global from the issuer of your credit or debit card (or its agent or affiliate), you agree to pay all amounts due upon demand by j2 Global. You agree to pay all costs incurred in collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including attorney fees. Each time you and any participants on your account use the Service, and each time you allow or cause the Service to be used, you agree, and reaffirm that, j2 Global is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with j2 Global, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that j2 Global may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during, or at the end of, each cycle; and that j2 Global may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
  11. To view your current account balance, along with billing details and any accumulated charges, please click on "Account Info" after logging in to the Website. j2 Global will use commercially reasonable efforts to provide you with an accurate online statement of charges; however, any failure by j2 Global to provide you with an accurate online statement will not affect your responsibility to pay any incurred charges on your account. Without limiting anything else in this Agreement, you release j2 Global from any and all liability and claims of loss resulting from any error or discrepancy that is not reported to j2 Global's Customer Service Department within 30 days of the date such error or discrepancy first appears on your Account Info page.

4. Credit Verification

You must have and keep satisfactory credit to use and continue to use the Service. We will verify your credit before agreeing to provide the Service to you and we may verify your credit at any time while we provide the Service to you. Credit verification may include a review of credit reports that we receive from commercially available credit bureaus. If at any time we determine, in our sole discretion, that payment for the Service may not be made when due, we may suspend the Service to your account and require that you provide payment on the account or a guarantee of payment before we resume the Service.

5. Termination

Either you or j2 Global may terminate your j2 Global account at any time, with or without cause, upon notice. Any such notice by you to j2 Global must be in accordance with j2 Global's verification procedures, as such procedures may be established and changed by j2 Global from time to time in its sole discretion, and which may include the requirement that you contact j2 Global by phone to terminate your account. j2 Global also reserves the right to terminate, or suspend, your j2 Global account without prior notice, provided that j2 Global will attempt to confirm such termination or suspension by subsequent notice.

6. Customer Representations and Warranties

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your and all participants' use of the Service (as well as use of your account by others, including minors living with you). You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and j2 Global as a result of your or participants' use of the Service. You agree not to represent yourself to be a representative, agent, or employee of j2 Global, and that j2 Global will not be liable for any representation, act or omission to act by you.

7. Modification to Customer Agreement

j2 Global may automatically amend this Agreement at any time by: (a) posting a revised Agreement (including the Privacy Policy) on the Website; and/or (b) sending information regarding the amendment to the email address you provide to j2 Global. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and j2 Global.

8. Service Modification or Discontinuation

j2 Global reserves the right to modify or discontinue the Service with or without notice to you. j2 Global shall not be liable to you or any third party should j2 Global exercise its right to modify or discontinue the Service.

9. Disclaimer or Warranties and Limitation of Liability

  1. THIS SERVICE IS PROVIDED "AS IS," AND NEITHER j2 GLOBAL NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. j2 GLOBAL DOES NOT WARRANT THAT ACCESS TO, OR USE OF, THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. j2 GLOBAL AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
  2. YOUR AND ALL PARTICIPANTS' USE OF THE SERVICE IS AT YOUR AND THEIR OWN RISK. YOU AND THEY EACH ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF THE SERVICE. YOU AND ALL PARTICIPANTS AGREE THAT NEITHER j2 GLOBAL NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR OR ANY PARTICIPANTS' USE OF OR INABILITY TO USE THE SERVICE, AND YOU AND ALL PARTICIPANTS HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF j2 GLOBAL OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF j2 GLOBAL AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE j2 GLOBAL AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
  3. NEITHER j2 GLOBAL NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF j2 GLOBAL'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF THE SERVICES.
  4. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF j2 GLOBAL, IN EVALUATING THE SERVICE AND/OR PRODUCTS OF j2 GLOBAL.

10. Ownership

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by j2 Global and/or its subsidiaries, licensors or service providers.

11. Indemnification

You agree to indemnify j2 Global, its subsidiaries, members, affiliates, officers and employees, each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon your or any participant's use of or conduct while using the Service; including but not limited to any claims by any participants on conference calls initiated through your account; any violation of this Agreement by you or any other person using your account; any claim of libel, defamation, violation of rights of privacy or publicity; any loss of service by other Customers; and any infringement of intellectual property or other rights of any third parties.

12. No Resale Of The Services

Your right to use the Service is personal to you and to others that participate on conference calls initiated through your account. You agree not to resell the use of the Service.

13. Participation In Promotions Of Advertisers

You may enter into correspondence with, or participate in, promotions of advertisers showing their products on the Website. Any such correspondence or promotions; including the delivery of and the payment for goods and services; and any other terms, conditions, warranties or representations associated with such correspondence or promotions; are solely between you and the advertiser. j2 Global assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

14. Notices; Consents

Notices given by j2 Global to you will be given by email, by a general posting on the Website or by conventional mail, in j2 Global's sole discretion. In any matter requiring j2 Global's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of j2 Global. Notices given by you to j2 Global must be given by email or by conventional mail (subject, however, to j2 Global's verification procedures, as may be established by j2 Global from time to time in its sole discretion, and which may include the requirement that you contact j2 Global by phone). Notices to j2 Global by conventional mail must be sent to j2 Global Communications, Inc., 6922 Hollywood Boulevard, 8th Floor, Los Angeles, CA 90028, U.S.A.

15. eFax and j2 Customers

If you registered as a Customer through an email advertisement sent by either efax.com or j2.com, you consent to the transfer of all or some of your account information located in your efax.com or j2.com account, including any personal information, and agree that neither j2 Global nor any of its licensors or service providers will be liable for damages (including consequential or special damages) or errors arising out of such transfer of information and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds.

16. General Terms

  1. THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR AND ALL PARTICIPANTS' USE OF THE SERVICE. THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE SERVICE BY YOU OR ANY PARTICIPANTS RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OR A SUPERIOR COURT FOR THE STATE OF CALIFORNIA LOCATED IN LOS ANGELES COUNTY.
  2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. j2 Global's failure to act with respect to a breach by you or others does not waive j2 Global's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. j2 Global shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond j2 Global's reasonable control.
  3. Under California Civil Code Section 1789.3, California Customers are entitled to the following specific consumer rights information:
    1. Pricing Information. Current rates for using the Service may be obtained by calling our Customer Service department. j2 Global reserves the right to change fees, surcharges, monthly fees or to institute new fees at any time, as provided for in Section 8 above.
    2. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

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