Business Anywhere Internet Fax Services - Terms and Conditions

1.1 These Service Specific Terms and Conditions apply to Internet Fax Services included in the TELUS Business Anywhere Services provided to the Customer. Internet Fax Services are provided by TELUS Communications Inc.. Any capitalized words and expressions that are not defined in these Service Specific Terms and Conditions have the meaning set out for such words and expressions in the Customer’s Customer Agreement with TELUS for the TELUS Business Anywhere Services.

1.2 Internet Fax Services provide the Customer, subject to the terms of this Agreement, with the ability to send, receive and broadcast faxes online. Internet Fax Services are specifically described at http://www.telus.com/internetfax (the “Internet Fax Site”) and the Internet Fax Services plans and features selected by the Customer are specified in the Solution Details.

The Internet Fax Services Help Desk will provide telephone and email assistance on a reasonable efforts basis, via the telephone number and email address and during the hours specified on the Internet Fax Site. Assistance is limited to the Customer's problems using the Internet Fax Services and excludes problems related to the Customer's personal hardware or software or other network components or equipment not used by TELUS to provide the Internet Fax Services. The Customer acknowledges that charges may apply to certain non-standard support services, as specified by TELUS. TELUS cannot guarantee the resolution of any particular problem or Internet Fax Services interruption.

TELUS may amend this Agreement at any time and such amendments will be effective immediately upon posting the same on the Internet Fax Site. A notice that amendments to the Agreement have been made will be posted on the Internet Fax Site for 30 days and the Customer is responsible for regularly reviewing the Internet Fax Site to obtain timely notice of any such amendments. Each time the Customer uses the Internet Fax Services reaffirms the Customer’s acceptance of the then-current Agreement. If the Customer does not agree to any amendment to this Agreement, the Customer must immediately cease any use of the Internet Fax Services and shall notify TELUS of termination in accordance with sub-section 8 of the General Terms and Conditions.

4.1 The Customer agrees to provide true, current, accurate and complete Customer information as prompted by TELUS’ registration process and to promptly notify TELUS of any changes to this information as required to keep it current, complete and accurate.

4.2 The Customer consents to the collection, use and disclosure by TELUS and its agents of the Customer’s personal information (whether previously collected or to be collected) for the purposes identified in the TELUS Privacy Commitment (the “TPC”) published at http://www.telus.com/privacy/privacy.html.

4.3 For the purposes of sub-section 9 of the General Terms and Conditions, the Customer hereby expressly consents to the collection, use and disclosure by TELUS and its agents of the Customer's information, content and materials (including, without limitation, personal information) to the extent such collection, use and disclosure is authorized under sub-sections 4.2 and 11.3 of these Service Specific Terms and Conditions.

5.1 The Customer shall not permit any person under the age of majority to use the Internet Fax Services and, if the Customer is an individual, the Customer warrants that (s)he is at least the age of majority.

5.2 As the account holder, the Customer is solely responsible and liable for its account and all activities that are conducted through its account including, without limitation, any applicable fees and charges incurred. The Customer is also responsible for maintaining the confidentiality of its account and all passwords related to its account. The Customer will immediately notify TELUS of any unauthorized use of the Internet Fax Services or the Customer’s passwords, or of any other breach of security, and will provide assistance as requested by TELUS to stop or remedy any breach of security.

5.3 The Customer acknowledges that TELUS does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement transmitted through the use of the Internet Fax Services, (ii) assume any liability for any harassing, offensive or obscene material distributed through the use of the Internet Fax Services, or (iii) assume any liability for any material distributed through the use of the Internet Fax Services including, without limitation, any use of the Internet Fax Services which is in violation of any third party's copyright or any other intellectual property right.

5.4 The Customer acknowledges that it is responsible for anything that it may require to connect to the Internet Fax Services including, without limitation, the installation, operation and maintenance costs of any and all software, hardware and/or Internet services.

6.1 The Customer shall at all times comply with the TELUS Acceptable Use Policy (the "AUP"), published at http://www.telus.com/aup.

6.2 Because Internet Fax Services numbers may be immediately reassigned to other customers in the event the Customer's account is terminated, the Customer is prohibited from "opting in" to receive "spam" faxes from third parties through its Internet Fax Services account. TELUS reserves the right to determine, in its sole discretion, whether certain types of messages constitute "spam".

Use of the Internet Fax Services is subject to the Customer's equipment satisfying minimum requirements for hardware and software which requirements may be changed without notice at any time at TELUS' sole discretion. TELUS will use reasonable efforts to post current minimum requirements on the Internet Fax Site.

The Customer acknowledges that TELUS may establish general practices and limits concerning use of the Internet Fax Services including, without limitation, the maximum number of messages that may be sent from or received by an Internet Fax Services account and the maximum size of any message that may be sent from or received by an Internet Fax Services account. Such general practices and limits shall be posted on the Internet Fax Site or otherwise made available to the Customer. The Customer agrees to comply with all such general practices and limits. The Customer acknowledges that such general practices and limits may be set at different levels for different users based upon factors that may be determined in TELUS’ sole discretion. TELUS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The Customer further agrees that violating such practices or exceeding such limits may result in suspension, restriction or termination of its account or the imposition of additional charges.

The Customer agrees that any and all software and related documentation that forms part of the Internet Fax Services or that is supplied by TELUS, its agents, or representatives for use in connection with the Internet Fax Services (the “Software”) is protected by applicable intellectual property laws, remains the sole property of TELUS or its suppliers and is supplied subject to the terms of this Agreement, including without limitation the disclaimers and limitations of liability herein, and the terms of any applicable Software license made available to the Customer by TELUS. Unless otherwise authorized by TELUS or in the applicable Software license, the Customer agrees not to (a) copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software; (b) distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Software; (c) remove any proprietary notices or labels on or in the Software; or (d) allow any other person or entity to engage in any of the foregoing activities.

10.1 The Customer agrees to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the Internet Fax Services through its account, in accordance with the rates and billing policies established from time to time by TELUS that are applicable to the service plan and features which the Customer has selected. Such rates and billing policies will be posted on the Internet Fax Site or otherwise made available to the Customer by TELUS. Fees are non-refundable, except as otherwise explicitly provided in this Agreement.

10.2 By using a credit card or other payment method for payment of the Internet Fax Services, the Customer expressly authorizes TELUS or its agents to charge all fees and other charges incurred in connection with use of the Customer's account to the credit card or other payment method the Customer has designated, and such authorization will survive any termination of this Agreement until there is no money owing by the Customer under this Agreement. If the Customer uses a credit card or other payment method and TELUS does not receive payment from the card issuer or its agents or through the other payment method, the Customer agrees to pay all amounts due upon demand by TELUS. TELUS reserves the right to accept other forms of payment or to modify the forms of payment it will accept.

10.3 Any failure of TELUS to make a bill or statement available to the Customer pursuant to this Agreement does not affect the Customer's responsibility to pay any incurred charges. Unless the Customer notifies TELUS of any errors, discrepancies or irregularities in any billing within 90 days after they first appear on the Customer's bill or statement, such bill or statement will be deemed accepted by the Customer for all purposes. Without limiting anything else in this Agreement, the Customer agrees to release TELUS from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to TELUS within 90 days of the publication date of the applicable bill or statement.

11.1 The Customer acknowledges that TELUS has no obligation to censor or monitor use of the Internet Fax Services by the Customer, any other customer or any third party, including without limitation any obligation to censor or monitor any content, material or other information sent, received or accessible through the Internet Fax Services or the Internet. However, the Customer agrees that TELUS has the right to, without notice, monitor use of the Internet Fax Services and monitor, review and retain such content, material or information if TELUS believes in good faith that such activity is reasonably necessary to provide the Internet Fax Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

11.2 In the event that TELUS receives a complaint relating to the Customer's use of the Internet Fax Services, TELUS may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or block or remove any content, information or materials from its servers. If TELUS exercises any of these rights, it is not obligated to refund any charges paid by the Customer.

11.3 The Customer agrees that TELUS may, without notice or liability, disclose to third parties any Customer information or any other content, information or materials associated with an Internet Fax Services account, if TELUS believes in good faith that such activity is reasonably necessary to provide the Internet Fax Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others. TELUS' rights to disclose under this sub-section will prevail over the TPC.

12.1 The Customer acknowledges that information and materials available through the Internet Fax Services may be protected by copyright, trade-marks, and other intellectual property rights. The Customer agrees that its use of such information and materials is governed by all applicable laws and regulations, and by any further restrictions placed on such information and materials by their owners or licensors.

12.2 TELUS does not claim ownership of the information or materials that the Customer transmits to TELUS or any third party using the Internet Fax Services. By using the Internet Fax Services, the Customer grants TELUS a royalty-free, nonexclusive license to use, copy, distribute, transmit, edit, delete, publish and translate such information and materials to the extent reasonably required by TELUS to provide the Internet Fax Services or to enforce the terms of this Agreement and the Customer confirms that, by doing so, TELUS will not infringe any intellectual property rights of the Customer or any other person or entity.

12.3 The Customer understands that it is not the owner of any fax number assigned to it by TELUS. Ownership of any such fax number is vested solely in TELUS. Following the termination of the Customer's account for any reason, such fax number may be re-assigned immediately to another customer. The Customer further acknowledges that TELUS may from time to time in its sole discretion need to change the fax number assigned to the Customer. The Customer agrees that TELUS will not be liable for any losses or damages arising out of any such re-assignment or change in fax numbers.

12.4 The Customer agrees that it is not authorized to charge services provided to it or at its request to the fax number assigned to the Customer by TELUS and that it will not request or otherwise cause any third-party service provider to charge any such services to such number. Any such charges will give TELUS the right to immediately terminate the Customer's account without notice.

13.1 In addition to TELUS’ rights in the General Terms and Conditions, TELUS may terminate the Internet Fax Services and this Agreement, for convenience, at any time by giving at least 30 days advance notice to the Customer, in which case TELUS will refund any amounts prepaid by the Customer for the provision of Internet Fax Services after the termination date.

13.2 TELUS is not required to notify any other person of termination of the Customer’s account nor provide any termination assistance. Following termination, TELUS is not required to maintain or forward (and may immediately delete) any message, information or materials related to the Customer's account.

14.1 TELUS reserves the right to change the charges, features, fax numbers and minimum systems requirements of the Internet Fax Services, the AUP, the TPC, any content on the Internet Fax Site, and any other aspect of the Internet Fax Services at any time, without notice or liability, at TELUS' sole discretion.

14.2 All references to website addresses in this Agreement shall also include any successor or replacement websites containing substantially similar information as the referenced websites.

The Internet Fax Site and other TELUS websites that the Customer may visit while using the Internet Fax Services may contain links to other Internet sites. These links are provided solely as a convenience to the Customer and the inclusion of any link does not imply endorsement, investigation or verification by TELUS of the linked Internet site or information contained therein. TELUS shall not be responsible for the content of any other Internet sites and makes no representations, conditions or warranties regarding any other Internet sites or the contents or materials on such Internet sites.