This Agreement is between 42c Canada, Inc. (“42c”) and you (“you” or “Customer”), as an authorized user of 42c Services, and governs the terms and conditions of your use of the 42c Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by 42c (collectively, the “Agreement”), constitutes the entire agreement between 42c and you regarding the 42c 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 42c related to the Services shall be pursuant to a separate agreement governing Customers’ use of such software. For purposes of this Agreement, “42c Services” or “Services” are defined as any and all services provided by 42c to you either now or in the future. By using 42c Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
If you begin the sign up process for 42c Services but fail to complete the process, 42c may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize 42c to make such contact, even if you ultimately determine not to sign up for 42c Services.

42c offers freevoicemail Services at its Website www.freevoicemailmail.ca (together with other Websites owned and operated by 42c, the “freevoicemail Website”). Individually, the Services are: 1.freevoicemail Free: freevoicemail Free includes but is not limited to a personal remote freevoicemail Number (the “freevoicemail Number”) that provides for the delivery of voice messages to email. freevoicemail Free is hereinafter referred to as “Free” or “Free Service”. freevoicemail Free is for personal, and limited commercial use only. 2.freevoicemail Plus: freevoicemail Plus includes all of the freevoicemail Free features, plus additional premium services.

The terms of use for the Plus Service vary depending upon whether the Customer has received a toll-free or local (e.g., non-toll-free) freevoicemail Number, as described below:

 

1.Plus Non-Toll-Free Service Usage; Fair Use Policy.

  As a Dedicated Line Customer, you will receive a local freevoicemail Number (or you may keep your existing Free non-local number if you are upgrading from freevoicemail Free) from which you may receive voicemail messages in your email and retrieve those messages via telephone. MESSAGES ARE STORED FOR TELEPHONE ACCESS FOR 14 DAYS ONLY AND THEREAFTER ARE DELETED. MESSAGES ARE STORED FOR ONLINE FREEVOICEMAIL MESSAGE CENTER ACCESS FOR 365 DAYS ONLY AND THEREAFTER ARE DELETED.

 YOUR USE OF THE SERVICE IS SUBJECT TO 42c’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 (2) TIMES THE AVERAGE LEVEL OF USAGE OF 42c’S freevoicemail PLUS CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD. FOR PURPOSES OF THIS POLICY, “USAGE” MEANS THE COMBINED MINUTES OF VOICEMAIL MESSAGES RECEIVED AND MINUTES OF RETRIEVAL OF MESSAGES BY TELEPHONE, EXCLUDING ANY ADVERTISING AND INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY 42c, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, 42c CURRENTLY ENFORCES THIS POLICY ONLY WHERE USAGE EXCEEDS 20 COMBINED MINUTES OF VOICEMAIL MESSAGES AND MINUTES OF RETRIEVAL OF MESSAGES BY TELEPHONE 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 TO AT ANYTIME ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY THIRTY (30) DAY PERIOD IN EXCESS OF MORE THAN TWO (2) TIMES THE AVERAGE LEVEL OF USAGE OF OUR freevoicemail PLUS CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD).

As a Free Service Customer, you will receive a remote freevoicemail Number through which you may receive a limited number of voice mail messages in your email. 42c provides the Free Service as an accommodation to you, and reserves the right to terminate your Free Service at anytime without notice.

The Free Service and all software associated with it is for PERSONAL, NON-COMMERCIAL USE ONLY, AND EACH CUSTOMER IS LIMITED TO ONE (1) FREE FREEVOICEMAIL ACCOUNT Notwithstanding our Privacy Policy described in Section 6 below, 42c 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. IIf 42c ultimately determines, in its sole discretion that you have violated the foregoing limitations on the Free Service or any associated software, 42c reserves the right to immediately terminate your Service.

YOU UNDERSTAND THAT THE FREE SERVICE IS SUBJECT TO 42c’S “FAIR USE” POLICY FOR FREE ACCOUNTS. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY 30 DAY PERIOD, YOU RECEIVE MORE THAN TWENTY (20) MINUTES OF VOICEMAIL MESSAGES, EXCLUDING ALL ADVERTISING OR INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY 42c. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, 42c WILL ATTEMPT TO NOTIFY YOU OF THE VIOLATION VIA EMAIL AND OFFER TO UPGRADE YOU TO A PAID SUBSCRIPTION SERVICE. IF YOU ELECT NOT TO UPGRADE, YOUR ACCOUNT WILL BE TERMINATED. ANY FAILURE BY 42c TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS. YOU ALSO UNDERSTAND AND AGREE THAT THE AREA CODE FOR THIS FREEVOICEMAIL NUMBER WILL BE SELECTED BY 42c, IN ITS SOLE DISCRETION, BASED ON AVAILABLE INVENTORY, AND THAT YOU WILL HAVE NO ABILITY TO SELECT OR CHANGE THIS AREA CODE UNLESS YOU AGREE TO UPGRADE TO A PAID SUBSCRIPTION.

You will have the option to subscribe to additional services that 42c offers as described on the Freevoicemail Website, all subject to the terms of this Agreement or another agreement specific to those additional services. While your Freevoicemail Free/Premium account is active, 42c will store voice messages received through your freevoicemail Number for a period of up to 7 days from the date of receipt of such voicemail. freevoicemail Free does not include any telephone access storage. You acknowledge that 42c may change its practices and limitations concerning storage of voice messages, including without limitation, the maximum number of days that voice messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on 42c’s servers on your behalf, at any time, as provided for in Section 10. You further agree that 42c has no responsibility or liability whatsoever for the deletion or failure to store any voice messages and/or other communications maintained or transmitted by the Services. 42c 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, a current copy of which is available here. 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 42c, 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 we will also email customers who have opted to receive communications from us, notifying them of the changes in our privacy practices. You are fully responsible for the contents of your transmissions through the Services. 42c simply acts as a passive conduit for you to send and receive information of your own choosing. However, 42c reserves the right to take any action with respect to the Services that 42c deems necessary or appropriate in its sole discretion if 42c believes you or your information may create liability for 42c, compromise or disrupt the Services for you or other customers, or cause 42c to lose (in whole or in part) the services of 42c’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 laws or false advertising). You agree: (1) to comply with Canadian law regarding the transmission of technical data exported from Canada through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere 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, libelous, 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 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 use or reference the Services for chain letters, junk fax or junk voice or e-mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and 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 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 42c Services; (b) maintain any security of your Customer identification, and other confidential information relating to your 42c account and; (c) be responsible for all charges resulting from use of your 42c account, including unauthorized use prior to your notifying 42c of such use and taking steps to prevent its further occurrence. 1.Either you or 42c may terminate your 42c account at any time, with or without cause, upon notice. Any such notice by you to 42c must be in accordance with 42c’s verification procedures, as such procedures may be established and changed by 42c from time to time in its sole discretion, and which may include the requirement that you contact 42c by phone to confirm that any such notice was in fact sent by you. 42c also reserves the right to terminate or suspend your 42c account without prior notice, provided that 42c will attempt to confirm such termination or suspension by subsequent notice. 2.42c may automatically terminate your Free account without notice if: (i) no voicemails are received in your account during any continuous ninety (90) day period (for purposes of this determination, advertisements and informational messages sent by 42c are not considered received voicemails) or (ii) you or an intermediary blocks or filters any emails sent by or on behalf of 42c to your email account(s) where you receive your voicemails. 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 use of 42c Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. 42c may automatically amend this Agreement at any time by (a) posting a revised 42c Customer Agreement on the freevoicemail Website, and/or (b) sending information regarding the amendment to the email address you provide to 42c. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE freevoicemail WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE 42c 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 42c. 42c reserves the right to modify or discontinue any of the Services with or without notice to you. 42c shall not be liable to you or any third party should 42c exercise its right to modify or discontinue the Services. As part of the registration process, you will be required to provide an email address and select a PIN. Once you become a registered user, your freevoicemail Number will be automatically sent to you by email. You may change your PIN and set a password to protect your voice mail after logging in to the freevoicemail Website. You are entirely responsible for failing to maintain the confidentiality of your PIN, password, freevoicemail Number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify 42c of any unauthorized use of your account or any other breach of security known to you. 1.42c AND ALL 42c SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AND NEITHER 42c 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. 42c DOES NOT WARRANT THAT ACCESS TO OR USE OF 42c SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT 42c SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. 42c 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 USE OF 42c AND ALL 42c SOFTWARE AND 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 (INCLUDING 42c SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM 42c. YOU AGREE THAT NEITHER 42c 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 42c OR ANY 42c SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF 42c OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF 42c AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE 42c SERVICES AND SOFTWARE 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 42c SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE 42c 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 42c 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 42c’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. 4.YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF 42c, IN EVALUATING THE 42c SERVICES AND/OR PRODUCTS OF 42c. 1.All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the 42c Service are wholly owned by 42c and/or its licensors and service providers except where expressly stated otherwise. 2.YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY freevoicemail NUMBER ASSIGNED TO YOU BY 42c. OWNERSHIP OF ANY SUCH freevoicemail NUMBER IS VESTED SOLELY IN 42c (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR 42c ACCOUNT FOR ANY REASON, SUCH freevoicemail NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT 42c 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 42c HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 3.YOU FURTHER UNDERSTAND AND AGREE THAT 42c MAY FROM TIME-TO-TIME NEED TO CHANGE THE freevoicemail NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN 42c’S CONTROL). YOU AGREE THAT 42c WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE freevoicemail 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 42c HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 4.IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE freevoicemail NUMBER ASSIGNED TO YOU BY 42c AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE 42c THE RIGHT TO IMMEDIATELY TERMINATE YOUR 42c ACCOUNT WITHOUT NOTICE. You agree to indemnify 42c 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 42c 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 prohibiting transmission of unsolicited faxes. Your right to use the Services is personal to you. You agree not to resell the use of the Services. 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. 42c assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. Notices given by 42c to you will be given by email or by a general posting on the freevoicemail Website, or by conventional mail. In any matter requiring 42c’s prior consent, such consent will be considered given only if given in writing by an authorized representative of 42c. Notices given by you to 42c must be given by email or by conventional mail (subject, however, to 42c’s verification procedures, as may be established by 42c from time to time in its sole discretion, and which may include the requirement that you contact 42c by phone so as to confirm that any such notice was in fact sent by you).