TERMS AND CONDITIONS

These Terms of Service are effective on 1st April, 2010, for current users, and upon acceptance for new users.

This Agreement, which governs the terms and conditions of your use of Free Fax Services, is between you ("you" or "Customer"), as an authorised user of such services, and Crosby Communications UK Limited ("Crosby"). Notwithstanding the foregoing, your service will be provided to you and you will legally be a customer of Crosby Communications UK Limited.

This Agreement, together with any operating rules, policies (including the Privacy Policy, a current copy of which is available at www.free Faxtoemail.net/privacy.php, or other supplemental documents expressly incorporated herein by reference and published from time to time by Crosby (collectively, the "Agreement"), constitutes the entire agreement between Crosby and you regarding Free Fax Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Crosby related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "Free Fax Services" or "Services" are defined as any and all services provided by Crosby to you either now or in the future. By using Free Fax Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

1. Freefaxtoemail.net Services.

Crosby offers Fax Services at its websites freefaxtoemail.net and freefaxgateway.net (together with other websites owned and operated by Crosby). The service we are providing you are either:

a. Free Faxtoemail.net: an inbound only UK fax number, designed to receive faxes worldwide and those successfully received faxes will be emailed to the subscriber and additionally held on the subscriber’s on-line account for a maximum of one hundred and eighty (180) days. This service is provided free of charge.

b. Free Faxgateway.net: an outbound fax service that allows subscribers to send outbound faxes along with attachments in the supported formats to UK and selected international destinations free of charge. Crosby will not automatically check any numbers against the FPS or similar services in other countries. Customers choosing not to send their list through the FPS or similar services in other countries must comply with all laws, rules and regulations, including, without limitation, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and The Telecommunications (Data Protection and Privacy) Regulations 1999.

2. Freefaxtoemail.net Service Usage.

There are no restrictions to the use of Freefaxtoemail.net incoming fax service.

3. Freefaxgateway.net Service Usage.

The terms of use for the Free Faxgateway.net service as described below:

PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO Crosby’s "FAIR USE" POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY THIRTY (30) DAY PERIOD, YOUR USAGE EXCEEDS MORE THAN TWO (3) TIMES THE AVERAGE LEVEL OF USAGE OF Crosby’s FREEFAXGATEWAY.NET CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL COMBINED NUMBER OF FAX PAGES AND MINUTES, EXCLUDING ALL ADVERTISING AND INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY CROSBY, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, CROSBY CURRENTLY ENFORCES THIS POLICY ONLY WHERE USAGE EXCEEDS 130 COMBINED FAX PAGES IN ANY THIRTY (30) DAY PERIOD, WHICH IS SUBSTANTIALLY IN EXCESS OF THE ACTUAL ALLOWABLE USAGE UNDER THIS "FAIR USE" POLICY. NOTWITHSTANDING THIS ACCOMMODATION, WE RESERVE THE RIGHT AT ANYTIME TO ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY THIRTY (30) DAY PERIOD IN EXCESS OF MORE THAN TWO (3) TIMES THE AVERAGE LEVEL OF USAGE OF OUR FREEFAXGATEWAY.NET CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD).

IN THE EVENT YOU HAVE VIOLATED THIS POLICY, YOU WILL AUTOMATICALLY RECEIVE AN EMAIL GIVING YOU SEVEN WORKING DAYS TO REMEDY THE BREACH, AND IF A REMEDY HAS NOT BEEN FOUND, YOUR ACCOUNT WILL BE DISCONNECTED AND INCOMING EMAILS BLOCKED. NOTWITHSTANDING THE FOREGOING, AND SUBJECT TO APPLICABLE LAWS, CROSBY RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION.

4. Fair Use Policy

EACH CUSTOMER, WHETHER A COMPANY OR AN INDIVIDUAL, IS LIMITED TO TEN (10) FREE FAX NUMBERS. If you or your company desire more than ten (10) Free fax numbers, then Crosby may offer upgrade to a paid Service. Notwithstanding our Privacy Policy described in Section 9 below, Crosby has the right to disclose the email address of Free Service Customers to the owner of the URL associated with that email address in order to monitor compliance with and enforce the limitations set forth in this paragraph. You will have the option to subscribe for additional services that Crosby offers as described on the Free Fax Website, all subject to the terms of this Agreement or another agreement specific to those additional services.

5. Storage of Faxes.

While your freefaxtoemail.net account is active, Crosby will store faxes received through your Fax Number for a period of up to one hundred and eighty (180) days for Free Customers, and two years for Business Package Customers, in each case it is measured from the date of receipt of such fax.

These faxes are accessible through the website. You acknowledge that Crosby may change its practices and limitations concerning storage of fax messages, including without limitation, 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 that will be allotted on Crosby's servers on your behalf, at any time, as provided for in Section 14. You further agree that, subject to applicable law, Crosby has no responsibility or liability whatsoever for the deletion of or failure to store any fax messages and/or other communications maintained or transmitted by the Services.

9. Privacy Policy.

Crosby is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy which forms an integral part of this Agreement, a current copy of which is available at www.freefaxtoemail.net/privacy.php. If we decide to change our privacy practices, we will post those changes in the Privacy Policy displayed on our Website, 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 our 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 Crosby, or deleted/deactivated their account, 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 database, we will post a prominent notice on our Web site notifying Customers of the change. In some cases where we post a notice of changes to our Privacy Policy, we will also notify via email those Customers who have opted to receive email communications from us.

10. Customer Responsibilities.

You are fully responsible for the contents of your transmissions through the Services. Crosby simply acts as a passive conduit for you to send and receive information of your own choosing. However, Crosby reserves the right to take any action with respect to the Services that Crosby deems necessary or appropriate in its sole discretion, if Crosby believes you or your information may create liability for Crosby, compromise or disrupt the Services for you or other Customers, or cause Crosby to lose (in whole or in part) the services of Crosby's ISPs or other suppliers. Your use of the Services is subject to all applicable local, 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; and (6) not to transmit through the Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, 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 unauthorised access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar 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 Free Fax Services; (b) maintain the security of your password and other confidential information relating to your Free Fax account and; (c) to the full extent permitted by applicable law, be responsible for all charges made to your free fax number.

11. Unsolicited Fax Advertisement

Under Government legislation introduced on 1 May 1999 it is unlawful to send an individual an unsolicited sales and marketing fax without prior permission. More information can be found at the Fax Preference Service at http://www.fpsonline.org.uk. Customers are advised that use of the Email to Fax service for purposes of transmitting unsolicited fax material is not permitted. The Supplier reserves the right to immediately close the account of any Customers found to be using the service for this purpose. It is the responsibility of the Customer to use this service in a fair and responsible manner and to not engage in any activity likely to cause a breach of this agreement or carry out any act that will contravene the laws governing this agreement. The Supplier is not responsible for the content of any fax transmissions sent by the Customer. In this context the Supplier acts purely as a gateway between the customer and the fax recipient.

At Crosby's discretion and without further notice, Crosby may use technologies and procedures, such as filters, that may terminate the transmission of such unsolicited fax advertisements without delivering them.

If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:

1. If the fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so; and

2. Please go to the following Web page and complete the complaint form by inserting the required information and attaching a copy of the offending fax: www.freefaxgateway.net/abuse. You hereby acknowledge and agree that Crosby, as owner of all Free Fax Numbers, has any and all rights (but no obligation) to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited fax advertisements, including but not limited to claims under the TCPA and similar laws of any other country, and, to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to Crosby as consideration for its provision of the services under this Agreement.

Because our Free Fax Numbers may be reassigned to other customers in the event your account is cancelled, and to ensure the best possible service for all customers, you are not permitted to "opt in" to receive on your Free Fax Number facsimile advertisements of the commercial availability or quality of any property, goods, or services from persons with whom you have not established a business relationship.

12. Termination.

 Either you or Crosby may terminate your Free Fax account at any time, with or without cause, upon notice. In order for you to give notice to Crosby, you must go to the Free Fax Website at www.freefaxtoemail.net or www.freefaxgateway.net website, login to your account and in my settings, press “cancel my account".  If you are unable to locate your username and password, please contact our support team whose details can be found on our contacts page. Crosby reserves the right to terminate or suspend your Free Fax account without prior notice, provided that Crosby will attempt to confirm such termination or suspension by subsequent notice. Subject to applicable law, Crosby may automatically terminate or suspend your Free account without notice if: (i) no faxes are received in your account during any continuous one hundred and eighty (180) day period (for purposes of this determination, advertisements and informational messages sent by Crosby are not considered faxes received); (ii) you or an intermediary blocks or filters any emails sent by or on behalf of Crosby to your email account(s) where you receive your faxes or (iii) you opt out of receiving advertising messages sent to you directly by Crosby.

13. Customer Representations 

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country 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 use of Free Fax Services (as well as for use of your account by others, including, without limitation, minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

14. Modifications to Customer Agreement.

Except to the extent prohibited by applicable law, Crosby may automatically amend this Agreement at any time by (a) posting a revised Free Fax Customer Agreement on the Free Fax Website, and/or (b) sending information regarding the amendment to the email address you provide to Crosby. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE FREE FAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE FREEFAX SERVICES 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 Crosby.

15. Modifications to Services.

Crosby reserves the right to modify or discontinue any of the Services with or without notice to you. Crosby shall not be liable to you or any third party should Crosby exercise its right to modify or discontinue the Services.

16. Member Account and Security.

As part of the registration process, you will be required to provide an email address and enter a password. Once you become a registered user, your Free Fax Number will be automatically sent to you by email and given on your account page. You may change password to protect your faxes after logging in to the Free Fax Website. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, except as otherwise set forth by applicable law, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Crosby of any unauthorised use of your account or any other breach of security known to you.

17. Disclaimer of Warranties and Limitation of Liability.

a. CROSBY'S SERVICES ARE PROVIDED "AS IS," AND NEITHER CROSBY 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. CROSBY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT CROSBY WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. CROSBY 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.

b. YOUR USE OF CROSBY'S SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM CROSBY. YOU AGREE THAT NEITHER CROSBY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE FREE FAX OR ANY OTHER CROSBY SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF CROSBY OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF CROSBY AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE Crosby SOFTWARE AND SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.K £100. YOU HEREBY RELEASE CROSBY 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.

c. NEITHER CROSBY 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 CROSBY'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORISED OFFICER OF CROSBY, IN EVALUATING THE FREE FAX SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF Crosby

20. Ownership.

a. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Free Fax Service are wholly owned by Crosby and/or its licensors and service providers except where expressly stated otherwise. You may not use Crosby's trademarks, trade names, patents, copyrights or other intellectual property rights without Crosby's prior written permission.

b. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY Free Fax NUMBER ASSIGNED TO YOU BY Crosby. OWNERSHIP OF ANY SUCH Free Fax NUMBER IS VESTED SOLELY IN Crosby (AND YOU ARE GIVEN A REVOCABLE LICENSE TO USE SUCH NUMBER IN ACCORDANCE WITH THE PREVAILING TERMS OF USE APPLICABLE TO YOUR Crosby SERVICE AS SPECIFIED IN THIS AGREEMENT). YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE THE Free Fax NUMBER ASSIGNED TO YOUR ACCOUNT TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY (ALSO SOMETIMES REFERRED TO AS “PORTING” THE TELEPHONE NUMBER). IN THE EVENT YOU ARE FOUND TO HAVE VIOLATED THIS PROHIBITION YOU AGREE TO IMMEDIATELY RETURN THE NUMBER TO Crosby AND PAY TO Crosby AN AMOUNT EQUAL TO $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE Crosby TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM AND DAMAGES CAUSED TO Crosby FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF Crosby’s LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-US JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE Free Fax NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY. HOWEVER, EVEN IF IN YOU ARE ENTITLED TO PORT SUCH Free Fax NUMBER, YOU UNDERSTAND AND AGREE THAT IT MAY NOT BE POSSIBLE TO DO SO, E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON.

c. IF YOU “PORTED IN” A TELEPHONE NUMBER IN CONNECTION WITH YOUR USE OF Free Fax OR ARE ENTITLED TO “PORT OUT” AN Free Fax NUMBER UNDER LOCAL LAW, YOU MAY “PORT OUT” THAT NUMBER UPON TERMINATION OF YOUR Free Fax ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO Crosby OF YOUR INTENTION TO “PORT OUT” THE TELEPHONE NUMBER ASSOCIATED WITH THE TERMINATED Free Fax ACCOUNT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR Free Fax ACCOUNT (THE “PORTING NOTICE PERIOD”); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES OUR TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; AND (iii) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, Crosby HAS RECEIVED AN ADMINISTRATION FEE TO COVER ITS COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF (A) $40 (OR THE EQUIVALENT IN LOCAL CURRENCY) IF YOU “PORTED IN” THE TELEPHONE NUMBER OR (B) THE LESSER OF $100 (OR THE EQUIVALENT IN LOCAL CURRENCY) OR THE MAXIMUM PERMITTED UNDER LOCAL LAW IF YOU ARE ENTITLED TO “PORT OUT” AN Free Fax NUMBER UNDER LOCAL LAW. YOU HEREBY AUTHORIZE Crosby TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT OR TO OTHERWISE ARRANGE TO MAKE THIS PAYMENT TO Crosby WITHIN THE PORTING NOTICE PERIOD. IF YOU FAIL TO SATISFY THESE REQUIREMENTS, THE TELEPHONE NUMBER YOU “PORTED IN” WILL BECOME THE SOLE AND EXCLUSIVE PROPERTY OF Crosby.

d. YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR Free Fax ACCOUNT FOR ANY REASON, SUCH Free Fax NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT Crosby WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF Crosby HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

e. YOU FURTHER UNDERSTAND AND AGREE THAT Crosby MAY FROM TIME TO TIME NEED TO CHANGE THE Free Fax NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN Crosby’s CONTROL). YOU AGREE THAT Crosby WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE Free Fax NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF Crosby HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

f. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE Free Fax NUMBER ASSIGNED TO YOU BY Crosby AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. EXCEPT AS PROHIBITED BY APPLICABLE LAW, ANY SUCH CHARGES WILL GIVE Crosby THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR Free Fax ACCOUNT WITHOUT NOTICE.

22. Indemnification.

You agree to indemnify Crosby and 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 use of your Free Fax account, including 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, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited fax advertisements.

23. No Resale Of The Services.

Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.

24. Participation In Promotions Of Advertisers.

You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. 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.  Crosby assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

25. Phone Pay Plus and UK Regulation of 0871/0872/0873 Numbers

The free fax service at www.freefaxtoemail.net uses 0871/0872/0873 telephone number and in the United Kingdom, these are regulated by Phone Pay Plus.  You should familiarise yourself with the Phone Pay Plus code of practice. This free fax service is designed for business users however if you chose to advertise your free fax number to consumers, you must first consult and comply with the relevent pricing information from the code of practice.  You accept that it is your responsibility to ensure full compliance with the Phone Pay Plus code of practice, and if in doubt, you will seek advice (free of charge) from Phone Pay Plus.  For the avoidance of doubt, you are classed as the information provider in the eyes of Phone Pay Plus.  Phone Pay Plus can be contact using the details as below, which we strongly recommend you to prior to using www.freefaxtoemail.net:

Email compliance@phonepayplus.org.uk

Call   0845 026 1060

Fax 0845 026 1061

PhonepayPlus

Clove Building

4 Maguire Street

London

SE1 2NQ

26. Technical Support 

We try to keep everything to do with our service free of charge, however we do charge for technical support given over the telephone.  If you ring our technical support line on 0906 200 4646, the call will be charged at £1 per min from BT landlines, and other networks may charge more.  Please get the bill payer's permission before calling.  You can access technical support for free by using our support site at support.crosby.co.uk and email our team with an outline of your problem.  Only our 0906 200 4646 is chargeable.

27. Service Provider Information

This service is operated by Crosby Communications UK Limited · Registered office: 72B Liverpool Road, Crosby,  Liverpool, L23 5SJ. · Registered in England and Wales Company No. 4311590 VAT number GB875892262. · Data Controller Registration number Z121648X.  The websites www.freefaxtoemail.net and www.freefaxgateway.net are trading styles of Crosby Communications UK Limited.

28. Refund and Customer Care Policy

It is our policy that we refund 100% of all complaints whereby a caller has paid to send a fax to one of our numbers, and they were not aware of the charge to do so.  Crosby Communications customer care will process a 100% refund to unhappy callers and can be contacted on 0845 200 6000 for more information and asking for customer services department.

29. Notices; Consent.

Notices given by Crosby to you will be given by email or by a general posting on the Free Fax Website, or by conventional mail. In any matter requiring Crosby's prior consent, such consent will be considered given only if made in the foregoing manner by an authorised representative of Crosby. Notices given by you to Crosby must be given by email or by conventional mail (subject, however, to Crosby's verification procedures, as may be established by Crosby from time to time in its sole discretion, and which may include the requirement that you contact Crosby by phone so as to confirm that any such notice was in fact sent by you). Notices to Crosby by conventional mail must be sent to Crosby Communications 72B Liverpool Road, Crosby,  Liverpool, L23 5SJ.  Advice on notices can be given by calling our sales number which is published in our contact pages.