FaxMailPro Services

If you subscribe to FaxMailPro Services, the following terms apply, in addition to the general terms of service and any other terms applicable.

FaxMailPro Services.

The Services supplied pursuant to this section consist of the receipt and sending of facsimile communications (“faxes”), the storage of such faxes on an Skywire server, the provision of software to the Customer for access to the faxes, the communication via email or telephone regarding the receipt of the faxes, and any ancillary or subsidiary services provided in connection to these services. Collectively, these services will be referred to as “Fax Services.”
Skywire offers the following classes of Fax Services:

• MyFaxMail
• FaxMail Pro
• Page Limits.

Your plan will provide you with page limits. This is the amount of incoming and outgoing pages of faxes per month that are included in your plan. A page consists of any one completely transmitted page of any size; provided, however, that if you fail to inform us regarding a mistransmission of a page within 3 days of attempting to send or receive such page, you will be charged for that page as if it was a complete transmission. After using your monthly page limits, you will be charged a per-page overage fee. Most fax pages take less than sixty (60) seconds to transmit. However, for each outbound transmission, the number of pages sent is calculated based on the greater of the actual number of pages or the number of full and partial 60-second increments of transmission or connection time, whether or not the transmission occurs or is completed (such as instances when someone answers the call or transmission is interrupted before completion). For example, a one page fax with a transmission duration of 30 seconds is recognized as one page and a one page fax with a transmission duration of one minute and six seconds is recognized as two pages. Unused inbound or outbound pages are valid in the month issued and expire at the conclusion of each billing cycle. Inbound or outbound unused pages have no cash value. Such pages do not roll over into the next billing cycle , and you will receive no cash refund in the event any unused inbound or outbound pages that remain in your account upon termination or closure of your account.

1. Storage.
While your account is active, your plan includes a set amount of storage on the Skywire servers, measured in time. Once a fax is stored for a longer period than the time set by your fax plan, you will be charged a storage fee will shall be assessed per page. To avoid the storage fee, you must delete the copy that is stored on the server. In any case, faxes will be purged from the system as set forth in your plan. To avoid deletion of your faxes, you must save a copy on your own computer before the maximum time for storage has been exceeded. Regardless of your level of service, you acknowledge that Skywire may cease offering this feature or change its practices and/or limitations concerning this feature at any time, including, without limitation, changing the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time and the maximum storage space allotted on Skywire’s servers on your behalf. You further agree that Skywire has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the storage or deletion of any faxes.

2. Usage.
You are given a set amount of monthly usage by your plan. This usage will allow you to fax within the Domestic US (48 states). Any fax sent outside the Domestic US will be charged our international rates per minute, in addition to any set per page usage charge (or deduction from per page limit, as appropriate.)

3. Security.
You are responsible for the security of your username and password to login. If you elect email delivery of your faxes, you understand and acknowledge that email is unsecure, and that Skywire bears no responsibility to ensure the security of your faxes. You acknowledge and agree that Skywire has no responsibility or liability whatsoever for your use of this email feature and that Skywire may discontinue or change the terms under which this email feature is provided to you at any time, including, without limitation, changes in the maximum size of emails that may be received, changes in the maximum storage space available for email storage and changes to or elimination of spam filtering or virus scanning. By using this feature, you acknowledge and agree: (i) to assume sole responsibility for the content of any emails transmitted; and (ii) to assume any liability arising from your transmission of, and/or any third party’s receipt of, your emails. Skywire disclaims any liability or responsibility for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to: an error in the email transmission or receipt process; deletion of or failure to store any emails; non-receipt of emails; broken or non-functional links to emails; any viruses received through this feature. In the event that Skywire, in its sole discretion, determines or suspects that any emails sent or received through this feature constitute, or may give rise to, a violation of any law or regulation or this Agreement, or you are otherwise in breach of any provision of this Agreement, Skywire reserves the right to remove your emails and/or to deactivate links to emails without further notice to you.

4. Customer Responsibilities.
You are fully responsible for the contents of your transmissions through the Fax Services. Skywire simply acts as a passive conduit for you to send and receive information of your own choosing. However, Skywire reserves the right to take any action with respect to the Services that Skywire deems necessary or appropriate in its sole discretion, if Skywire believes you or your information may create liability for Skywire, compromise or disrupt the Services for you or other customers, or cause Skywire to lose (in whole or in part) the services of Skywire’s ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) 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; (6) not to use the Services or related software to knowingly transmit misleading or inaccurate caller identification information for any reason, including doing so with the intent to defraud, cause harm, or wrongfully obtain anything of value; and (7) not to transmit or upload through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit or upload 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 Services make use of the Internet for you 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 or reference the Services for chain letters, junk fax or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another customer’s use and enjoyment of the Services. You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (b) maintain the security of your PIN/password and other confidential information relating to your Services account; (c) immediately notify Skywire of any unauthorized use of your account or any other breach of security known to you; and (d) be responsible for all charges resulting from use of the Services, including unauthorized use prior to your notifying Skywire of such use and taking steps to prevent its further occurrence.

5. Unsolicited Fax Advertisement Policy.
The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act of 1991 (TCPA) (http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.pdf) and in the European Union under the Privacy and Electronic Communications Regulations 2003, and is also illegal under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Fax Services is prohibited. Notwithstanding the above, Skywire’s distribution of advertising to its customers is not considered unsolicited fax advertising based upon your acceptance of this Agreement. At Skywire’s option and without further notice, Skywire may use technologies and procedures, such as filters, that may terminate the transmission of such unsolicited fax advertisements without delivering them.

6. Service Level Agreement.
Skywire strives to ensure that its services perform above industry standards. However, there are inherent risks in sending faxes over VOIP, risks that may not be present where a fax is sent via traditional POTS technologies. Therefore, Skywire makes the following commitment in terms of service quality:

1. We will deliver 80% of faxes error-free. What this means is that out of 100 pages, at least 80 of them will be transmitted without significant degradation such as streaking, mistransmission or incomplete pages.
2. Our service will be available 99% of the time
3. If you experience a failure in service such that the above commitments are not met, we will troubleshoot and attempt to fix the problem.
4. You will receive credit for mistransmissions as long as they are reported within 3 days of the transmission.
5. You will receive credit only if you assist us in troubleshooting the problems.
6. If, after 30 days after acknowledging that we confirm a transmission issue, we cannot resolve your mistransmission issues, you may terminate your contract without penalty.
7. The above is your sole remedy for any failure of the Fax Services.