Terms
This Agreement, which governs the terms and conditions of your use of the "Services" (as defined
below), is between you ("you" or "Customer"), as an authorized user of the Services, and j2 Global Ireland
Limited ("j2 Global"), a company organized under the laws of Ireland, with a business address at Corporate
House, Ballybrit Business Park, Ballybrit, Galway, Ireland (Registration number: 379517 - VAT number: IE
6399517U).
This Agreement, together with any operating rules, policies (including Privacy Policy), price
schedules, or other supplemental documents expressly incorporated herein by reference and published from
time to time by j2 Global (collectively, the "Agreement"), constitutes the entire agreement between j2
Global and you regarding the Services (as defined below), 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 j2 Global related to the Services shall be pursuant to a separate agreement governing
customers' use of such software. By using the Services, you confirm your acceptance of, and agree to be
bound by, this Agreement.
If you begin the sign up process for the Services but fail to complete the process, j2 Global may
contact you in an effort to help you through this process. You hereby authorize j2 Global to make such
contact, even if you ultimately determine not to sign up for the Services.
1. The Services For Purposes of this Agreement, the "Services" are defined as any and all services
provided by j2 Global to you either now or in the future, except for the eFax® services, which are subject
to a separate Customer Agreement. The Services include but are not limited to the services listed below. The
Services are provided on "Service Numbers" (i.e., personal local or non-local telephone numbers, depending
on the specific Service provided). Some of the Services (such as eReceptionist and Personal Number) are
provided on a paid basis and on a free basis. As a general rule, free services have more limitations in
terms of usage and volume than paid services.
-1-eReceptionist. j2 Global offers eReceptionist Services at the URL www.ereceptionist.co.uk, www.ereceptionist.fr,
www.ereceptionist.nl, www.ereceptionist.be
or any subsequent or additional URL as j2 Global may determine (the "eReceptionist Website"). Through the
"eReceptionist Services" or "eReceptionist", Customers are provided with a personal telephone number (the
"eReceptionist Number") that provides for auto-attendant answering services, real-time delivery of inbound
telephone calls to designated telephone lines or devices, and voicemail services for each extension on the
system. An "Extension" means the possibility to forward calls to different numbers (e.g. office, home and
mobile), allowing Customers to work seamlessly from several locations.
-2-Personal Number. j2 Global offers Personal Number Services at the URL www.yac.com
or any subsequent or additional URL as j2 Global may determine (the "Yac Website"). Through the "Personal
Number Services" or "Personal Number" (sometimes referred to as "Yac Number"), Customers are provided with a
personal telephone number (the "Personal Number") that provides real-time delivery of inbound telephone
calls to designated telephone lines or devices, and voicemail services. Customers have the possibility to
forward calls to different numbers (e.g. office, home and mobile), allowing Customers to work seamlessly
from several locations.
-3-Call Manager. j2 Global offers Call Manager Services at the URL www.yac.com
or any subsequent or additional URL as j2 Global may determine (the "Yac Website"). Through the "Call
Manager Services" or "Call Manager" (sometimes referred to as "Yac Call Manager"), Customers are provided
with a personal telephone number (the "Call Manager Number") that provides for auto-attendant answering
services, scheduling, real-time delivery of inbound telephone calls to designated telephone lines or
devices, and voicemail services for each extension on the system. An "Extension" means the possibility to
forward calls to different numbers (e.g. office, home and mobile), allowing Customers to work seamlessly
from several locations.
-4-Conference Calling. j2 Global offers Conference Calling Services at the URL www.yac.com or any subsequent or additional URL as j2 Global may determine
(the "Yac Website"). Through the "Conference Calling Services" or "Conference Calling" (sometimes referred
to as "Yac Conferencing"), Customers are provided with a personal telephone conferencing number (the
"Conference Calling Number") including a PIN for participants, enabling Customers to instantly hold a
conference from any phone without having to book in advance.
2. Usage Policy
All Services that are provided by j2 Global on a non-paying basis ("Free
Services") are subject to the following Fair Use Policy:
As a Free Service customer, you will receive a remote (i.e., non-local) Service Number from which
you may receive voice messages. j2 Global provides the Free Service as an accommodation to you, and reserves
the right to terminate your Free Service at anytime without notice. EACH CUSTOMER IS LIMITED TO ONE (1) FREE
SERVICE NUMBER. Notwithstanding our Privacy Policy, j2 Global 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. In addition, j2 Global is permitted
to audit your use of the Free Service and any associated software by providing no less than five (5) days
prior written notice of its intention to conduct such an audit at your facilities during normal business
hours. If j2 Global ultimately determines, in its sole discretion and whether or not it has conducted an
audit, that you have violated the foregoing limitations on the Free Service or any associated software, j2
Global reserves the right to immediately terminate your Service.
YOU UNDERSTAND THAT THE FREE SERVICE IS SUBJECT TO j2 GLOBAL’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 SIXTY
(60) VOICE MINUTES, EXCLUDING ALL ADVERTISING OR INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY J2 GLOBAL.
IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, j2 GLOBAL 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 J2 GLOBAL 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 FREE SERVICE NUMBER WILL BE SELECTED BY j2 GLOBAL, 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. THE LIMITATIONS SET FORTH IN THIS SECTION 2 MAY NOT BE APPLICABLE
WITH RESPECT TO FREE SERVICE NUMBERS LOCATED IN THE FOLLOWING COUNTRIES WITH THE FOLLOWING PREFIXES:
a. Netherlands: (0)84.
b. United Kingdom: (0)70.
3. Privacy Policy
j2 Global 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 at the eReceptionist
Website and at the Yac Website and which forms an integral part of this Agreement.
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, 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 the 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.
4. Customer Responsibilities
You are fully responsible for the contents of your
transmissions through the Services. j2 Global simply acts as a passive conduit for you to send and receive
information of your own choosing. However, j2 Global reserves the right to take any action with respect to
the Services that j2 Global deems necessary or appropriate in its sole discretion if j2 Global believes you
or your information may create liability for j2 Global, compromise or disrupt the Services for you or other
customers, or cause j2 Global to lose (in whole or in part) the services of j2 Global's ISPs,
telecommunications carriers 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 or false
advertising). Without limiting the foregoing, 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 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 eReceptionist 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 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
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 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 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., telephone equipment)
required for you to access and use the Services; (b) maintain the security of your PIN number and other
confidential information relating to your j2 Global account and; (c) be responsible for all charges
resulting from use of your j2 Global account, including unauthorized use prior to your notifying j2 Global
of such use and taking steps to prevent its further occurrence.
5. Unsolicited Telemarketing
The transmission of unsolicited telemarketing phone calls may,
in certain circumstances, be illegal under the European Union's Telecommunications (Data Protection and
Privacy) (Direct Marketing) Regulations 1998 and under the laws of a number of other countries, states and
provinces. Unsolicited telemarketing through the Services is prohibited and a material violation of this
Agreement.
6. 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
confirm that any such notice was in fact sent by you. 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.
7. 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, state or province in which you reside, and that you
possess the legal right and ability to enter into this Agreement and to perform your obligations under this
Agreement. You agree to be financially responsible for your use of the 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. You confirm that you are authorised to use the payment method that
you present to us to satisfy payment for the Services.
8. Modifications to Customer Agreement
j2 Global may automatically amend this Agreement at
any time by (a) posting a revised Customer Agreement on the eReceptionist Website (for the eReceptionist
Services) or on the Yac Website (for the Personal Number Services, the Conference Calling Services and the
Call Manager Services), and/or (b) sending information regarding the amendment to the email address you
provide to j2 Global. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE eReceptionist WEBSITE (FOR THE
eReceptionist SERVICES) AND THE YAC WEBSITE (FOR THE PERSONAL NUMBER SERVICES, THE CONFERENCE CALLING
SERVICES AND THE CALL MANAGER SERVICES) TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO
HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE 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 j2 Global.
9. Modifications to Services
j2 Global reserves the right to modify or discontinue any of
the Services 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 Services.
10. Member Account, PIN and Security
As part of the registration process, you will be
required to provide an email address and authorization details. You agree to provide true, accurate, correct
and complete information to j2 Global, as required when registering for the Services, and to notify j2
Global of any changes to such information. j2 Global reserves the right to decline any application from you
to register for the Services, at its sole discretion.
Once you become a registered user, your Service Number and log in details will be automatically
sent to you by email. You may change your authorization details to protect your messages after logging in to
the eReceptionist Website or to the Yac Website. You are entirely responsible for failing to maintain the
confidentiality of your authorization details, Service Number and account information. Furthermore, you are
entirely responsible for any and all activities that occur under your account. You agree to immediately
notify j2 Global of any unauthorized use of your account or any other breach of security known to you.
11. Disclaimer of Warranties and Limitation of Liability
1. eReceptionist, PERSONAL NUMBER,
CONFERENCE CALLING, CALL MANAGER AND ALL OTHER j2 GLOBAL SOFTWARE AND SERVICES ARE 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 SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT j2 GLOBAL SOFTWARE OR
SERVICES 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 USE OF eReceptionist, PERSONAL NUMBER, CONFERENCE CALLING, CALL MANAGER AND ALL OTHER j2
GLOBAL 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 j2 GLOBAL SOFTWARE) OBTAINED EITHER
DIRECTLY OR INDIRECTLY FROM j2 GLOBAL. YOU 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 USE OF
OR INABILITY TO USE eReceptionist, PERSONAL NUMBER, CONFERENCE CALLING, CALL MANAGER OR ANY OTHER j2 GLOBAL
SOFTWARE OR SERVICES, AND YOU 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 eReceptionist, PERSONAL NUMBER, CONFERENCE CALLING, CALL MANAGER
AND ANY OTHER j2 GLOBAL 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 SOFTWARE OR SERVICES IN THE THREE (3)
MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) £500.00 (GBP). 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 OR TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO YOUR 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 j2 GLOBAL, IN EVALUATING THE SERVICES OR ANY OTHER SERVICES AND/OR
PRODUCTS OF j2 GLOBAL.
5. J2 GLOBAL RESERVES THE RIGHT TO SUSPEND OR DISCONTINUE THE SERVICES FOR MAINTENANCE OR
REGULATORY REASONS OR ANY OTHER PURPOSE BEYOND ITS REASONABLE CONTROL, WITHOUT INCURRING ANY LIABILITY OR
OBLIGATION TO YOU, AND IF THE SERVICES ARE SUSPENDED OR DISCONTINUED FOR AT LEAST 30 DAYS, EITHER PARTY
SHALL BE ENTITLED TO TERMINATE THIS AGREEMENT IMMEDIATELY BY NOTICE IN WRITING TO THE OTHER.
12. Charges
1. You agree to pay all charges for your use of the Services at the prices then
in effect according to your rate plan. For current pricing information for the eReceptionist Services, visit
the eReceptionist Website. For current pricing information for the Personal Number Services, the Conference
Calling Services and the Call Manager Services, visit the Yac Website. All charges will be exclusive of
value added taxes ("VAT"), sales or other taxes, except as required by law. j2 Global reserves the right to
change prices or institute new charges for access to or use of the Services. All changes to prices or
charges (but not necessarily to taxes) will be posted by j2 Global at the eReceptionist Website (for the
eReceptionist Services) or at the Yac Website (for the Personal Number Services, the Conference Calling
Services and the Call Manager Services) and you are responsible for regularly reviewing such pricing
information to obtain timely notice of such changes. Continued use of the Services or non-termination of
your j2 Global account after changes are posted constitutes your acceptance of the prices as modified by the
posted changes.
2. For the eReceptionist Services, Standard Package includes 500 minutes per month inbound or
outbound calls including voicemail, for the initial extensions. Adding an extra extension is subject to
charges as j2 Global may introduce from time to time and 100 outbound minutes will be added per extra
extension. During your free trial period, you will be billed for any usage over your Standard Package
included 500 minutes per month and for any outbound calls to mobile, international and non-geographic
numbers as according to your rate plan. Your use of the eReceptionist Services is subject to your rate
plan’s telephone minutes. You will find your rate plan at the eReceptionist Website. In the event that you
have exceeded your rate plan’s allotted telephone minutes, you will automatically be charged per minute of
telephone line usage in excess of your usage limit. Notwithstanding the foregoing, j2 Global reserves the
right to terminate or suspend your account without prior notice in the event that you exceed your rate
plan’s allotted telephone minutes. When calling international destinations, international rates apply from
the first minute. Please contact the eReceptionist customer service or visit the eReceptionist Website for
current international rates.
3. For Call Manager Services, you must purchase call credits in advance to avail of mobile and
international redirection options. If the Service Number is on a geographic number, a charge for fixed line
redirection may apply. Charges for redirection are calculated on a per second basis and credits utilised are
deducted from the balance of purchased credits held unless otherwise agreed in minimum units of one
hundredth of a credit. The minimum purchase is 1,000 credits. Payment for credits is non-refundable. The
cost of mobile, international and, where relevant, fixed line redirection will be deducted from the balance
of purchased credits held unless otherwise agreed. j2 Global may provide the Services on an account "top up"
basis whereby payment will be accepted and credited to the customer's account in respect of Services to be
provided. In such an instance, monies held for the credit of the customer are considered committed to future
usage and are non-refundable. Prior to initiating an outbound call to a chargeable destination, you must
have sufficient credits available to meet the cost of 80 seconds of a redirected outbound call.
4. Credits for any Service are deemed as purchased upon receipt of payment. These credits will be
held until Customer avails of the Service to redirect calls and the cost of such redirected calls will be
deducted from these credits. Payment in respect of these credits is not refundable at any time. Unless
otherwise provided for by law, credits will be held to credit of the customer for a period of twelve months
from date of purchase, after which time they will be deleted, unless a further purchase of credits is made.
Credits purchased during a free trial period are non refundable.
5. Subject to specific product pricing or agreed pricing, j2 Global will charge Customers for
usage on a per second basis for all outbound call traffic and for all inbound call traffic exceeding certain
limits. In the case of Conference Calling, j2 Global will charge for the total length of the call - the
total number of minutes of all participants combined.
6. Payment of your j2 Global account balance is due monthly or annually and must be made by the
credit card, debit card, BACS or check designated by you for j2 Global use and transactions, or through such
other payment methods as j2 Global may provide from time to time. If your j2 Global account is a qualified
business account and is approved by j2 Global for corporate billing, charges will be accumulated, identified
by Customer identification number and invoiced on a monthly basis.
7. Charges are to be paid on a monthly or annual basis. If payment is not received by j2 Global by
its due date, you agree to immediately pay all amounts due upon demand by j2 Global. Each time you use the
Services, or allow or cause the Services to be used, you agree and reaffirm that j2 Global is authorized to
charge your designated card or obtain payment for the Services through other means legally available to j2
Global. For payments by debit card or credit card, your card issuer's agreement governs your use of your
designated card in connection with the Services 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 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 or bank until submission of the accumulated charge(s). This means that accumulated charges may appear
on the statement you receive from your card issuer or bank.
8. j2 Global tries to advise customers paying by direct debit fifteen days in advance of the
amount of the debit to be processed to their bank account. For the avoidance of doubt, all amounts due are
payable within 15 days of the invoice date. j2 Global reserves the right to charge interest of 1.5% per
month on monies overdue for payment until such payments are made in full.
9. Your monthly or annual service fees are payable monthly or annually respectively, in advance,
and are COMPLETELY NON-REFUNDABLE. You agree that j2 Global may submit charges for your monthly or annual
service fee each month or each year, without further authorization from you, until you provide prior 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 or bank account. Such notice will not affect charges submitted before j2 Global reasonably could act on
your notice. If you have any question regarding any 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.
10. If you subscribed to the Services pursuant to a special offer granting you a free trial
period, your initial monthly or annual service fee or some smaller fee will 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 be immediately charged to your credit or debit card, without
further authorization from you, upon the expiration of such free trial period, unless you provide prior
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. Such notice will not affect
charges submitted before j2 Global reasonably could act on your notice.
11. If you subscribed to the Services pursuant to a special offer granting a pre-paid discount for
a fixed number of months, your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In
addition, your initial monthly service fee for the month immediately following your pre-paid period will be
PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit
or debit card, without further authorization from you, upon the expiration of such pre-paid period, unless
you provide prior 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. Such notice
will not affect charges submitted before j2 Global reasonably could act on your notice.
12. j2 Global may provide the Services on credit terms (15 days) at its discretion. j2 Global
reserves the right to refuse to provide the Services if it is not satisfied with the perceived credit risk
that j2 Global would incur in the provision of the Services on this basis and j2 Global reserves the right
to seek and obtain information from you, at no cost to j2 Global, at any time, to ease any concerns it may
have with regard to the perceived credit risk to j2 Global in providing the Services to you. j2 Global
reserves the right to seek, on an exceptional basis, at any time, an immediate interim payment in respect of
monies calculated to be due.
13. EACH CUSTOMER, INCLUDING A COMPANY, IS LIMITED TO ONE (1) FREE TRIAL ACCOUNT PER SERVICE.
14. In the event of a dispute over the amount of monies owed, all invoiced payments and amounts
debited to the credit/debit card holder's account will remain payable and due for payment. Disputed payments
must be notified to j2 Global as soon as possible and in any event within 10 days of the date of invoice. j2
Global will then investigate all disputed calculations/billings. However j2 Global's decision in respect of
payments due will be final.
15. You must promptly notify j2 Global of changes to: (a) the account number or expiration date of
your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to
use your j2 Global account. You must also promptly notify j2 Global if your card is cancelled (e.g., for
loss or theft).
16. IN ORDER TO AVOID INTERRUPTIONS IN THE SERVICES CAUSED BY REJECTED CREDIT OR DEBIT CARD
CHARGES, J2 GLOBAL RESERVES THE RIGHT TO UPDATE YOUR CREDIT OR DEBIT CARD DETAILS (SUCH AS EXPIRATION DATES)
WHERE THIS IS NOT PROHIBITED BY LAW. YOU UNDERSTAND AND AGREE THAT J2 GLOBAL IS ENTITLED TO OBTAIN SUCH
UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.
13. Termination for Non-Payment
j2 Global reserves the right to suspend or terminate your j2
Global account without notice upon rejection of any charges or if your card issuer (or its agent or
affiliate) or your bank seeks return of payments previously made to j2 Global or in any other event of
non-payment of charges 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.
14. Ownership
1. All programs, services, processes, designs, software, technologies,
trademarks, trade names, inventions and materials comprising the Services are wholly owned by j2 Global
and/or its licensors and service providers except where expressly stated otherwise. You may not use j2
Global’s trademarks, trade names, patents, copyrights or other intellectual property rights without j2
Global’s prior written permission.
2. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY SERVICE NUMBER ASSIGNED TO
YOU BY j2 GLOBAL. OWNERSHIP OF ANY SUCH SERVICE NUMBER IS VESTED SOLELY IN j2 GLOBAL (AND YOU ARE GIVEN A
REVOCABLE LICENSE TO USE SUCH NUMBER IN ACCORDANCE WITH THE PREVAILING TERMS OF USE APPLICABLE TO YOUR
SERVICE AS SPECIFIED IN THIS AGREEMENT). YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE
THE SERVICE 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 j2
GLOBAL AND PAY TO j2 GLOBAL AN AMOUNT EQUAL TO €400 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE j2
GLOBAL 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 j2 GLOBAL FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF
OF j2 GLOBAL’S LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS TO
BE PLACED ON YOUR RIGHT TO PORT THE SERVICE NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT
APPLY. HOWEVER, EVEN IF YOU ARE ENTITLED TO PORT SUCH SERVICE 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.
3. IF YOU "PORTED IN" A TELEPHONE NUMBER IN CONNECTION WITH YOUR USE OF THE SERVICES OR ARE
ENTITLED TO "PORT OUT" A SERVICE NUMBER UNDER LOCAL LAW, YOU MAY "PORT OUT" THAT NUMBER UPON TERMINATION OF
YOUR j2 GLOBAL ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO j2
GLOBAL OF YOUR INTENTION TO "PORT OUT" THE TELEPHONE NUMBER ASSOCIATED WITH THE TERMINATED j2 GLOBAL ACCOUNT
NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR j2 GLOBAL 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, j2 GLOBAL 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) £65 IF YOU ARE ENTITLED TO "PORT OUT" A SERVICE NUMBER UNDER LOCAL LAW. YOU HEREBY AUTHORIZE j2
GLOBAL TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT OR TO OTHERWISE ARRANGE TO MAKE THIS PAYMENT TO
j2 GLOBAL 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 j2 GLOBAL.
4. YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR j2 GLOBAL ACCOUNT FOR ANY
REASON, SUCH SERVICE NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT j2 GLOBAL
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 j2 GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
5. YOU FURTHER UNDERSTAND AND AGREE THAT j2 GLOBAL MAY FROM TIME TO TIME NEED TO CHANGE THE
SERVICE NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR
WITHIN j2 GLOBAL'S CONTROL). YOU AGREE THAT j2 GLOBAL WILL NOT BE LIABLE FOR DAMAGES (INCLUDING
CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE SERVICE 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 j2 GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
6. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT
YOUR REQUEST TO THE SERVICE NUMBER ASSIGNED TO YOU BY j2 GLOBAL 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 j2 GLOBAL THE RIGHT TO IMMEDIATELY TERMINATE YOUR j2 GLOBAL ACCOUNT WITHOUT NOTICE.
15. Indemnification
You agree to indemnify j2 Global 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 j2 Global 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 unsolicited telemarketing phone calls.
16. 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.
17. Storage of Voicemail and Call Detail Records
While your j2 Global account is active, j2
Global will store voice messages received through your Service Number and call detail records for a limited
period of time only. You acknowledge that j2 Global may change its practices and limitations concerning
storage of voice messages and call detail records at any time. You further agree that j2 Global has no
responsibility or liability whatsoever for the deletion or failure to store any voice messages, call detail
records and/or other communications maintained or transmitted by the Services.
18. Promotions
j2 Global may send email to both its subscription customers and customer of
the free Services, concerning j2 Global services or other services which it deems may be of interest to
them. If at any time a subscription Service customer wishes to withdraw his or her agreement to be contacted
in such a manner, he or she may do so by advising j2 Global thereof. No further marketing emails promoting
other services will then be sent to the customer, but j2 Global may continue to send the customer emails
advising the customer of system changes and Services affecting changes in respect of the Services to which
the customer has subscribed. Given that the promotion of the Services and the acceptance of promotional
emails is an integral part of all "free" offering of the Services, in the event of non-subscription
customers advising that he or she no longer wishes to receive such emails, customer's free account will be
closed and no further communications will be sent.
19. Notices; Consent
Notices given by j2 Global to you will be given by email or by a
general posting on the eReceptionist Website (for the eReceptionist Services) or on the Yac Website (for the
Personal Number Services, the Conference Calling Services and the Call Manager Services), or by conventional
mail. 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 so as to confirm that any such notice was in fact sent by you). Notices
to j2 Global by conventional mail must be sent to j2 Global, Corporate House, Ballybrit Business Park,
Ballybrit, Galway, Ireland.
20. General Terms
THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS
CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF j2 GLOBAL SOFTWARE AND SERVICES. THE UN
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 j2 GLOBAL SOFTWARE OR SERVICES
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. 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.
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