Yac Service Terms & Conditions

This 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. For purposes of this Agreement, "Yac Services" or "Services" are defined as any and all services provided by j2 Global to You either now or in the future. By using the Services, You confirm Your acceptance of, and agree to be bound by, this Agreement. The Yac Service is owned and operated by j2 Global Ireland Limited ("j2 Global"), and is provided to Customer under the Terms & Conditions herein.

1. DEFINITIONS

In this Agreement, unless otherwise expressed, the following terms shall have the following meanings:

1. "j2 Global"": j2 Global Ireland Limited (incorporated in Ireland with limited liability), whose registered office is at Arthur Cox Building, Earlsfort Terrace, Dublin 2, Ireland.

2. "You", "Your", and "Customer": The person or persons to whom a Yac Service has been or, is being provided. For these purposes 'person' includes each and every individual and/or company mentioned and each and every partner in a partnership. Where the Customer has selected to pay the cost of the Service by way of a credit/debit card, that customer is also referred to as the Card Holder.

3. "Agreement": these Terms & Conditions together with any operating rules, policies, schedules, appendices or other supplemental documents expressly incorporated herein by reference and published from time to time by j2 Global;

4. "Regulator": the watchdog/supervisory body/controller of the telecommunications industry in the country in which a Service Number is provided.

5. "Regulatory Reasons": any action that is necessary to ensure that j2 Global complies with its telecommunications-related obligations including actions required by the Regulator in the country the Service Number is provided in.

6. "Service" or "Yac Service"" As defined in the preamble to this Agreement.

7. "Service Number": personal local or toll-free telephone number (together with remote (i.e., non-toll-free and non-local) telephone numbers, used for provision of the Service.

8. "Yac Website": the website at URL www.yac.com or any subsequent or additional URL as j2 Global may determine.

2. THE SERVICE

1. The Service to be provided is any communication service provided by j2 Global to its Customers. Services include but are not restricted to a Service Number, Yac Conferencing and Yac Call Manager (Inbound Call Services) or its international equivalent as described on the Yac Website or the appropriate schedule where applicable. Services are provided on international Service Numbers and may be regulated by the Regulator for the communications industry in the country the Service Number is provided. In the event that there is no usage on a Service Number for a period of three months, j2 Global reserves the right to seek a Service Number retention fee or to allocate the Service Number to another Customer. In the case the Service Numbers are premium rate numbers, j2 Global abides by the relevant Regulator's code of practice, and expects all Customers to do so. Please refer to the Yac Website for full descriptions of Yac Services.

2. j2 Global offers its Services on a subscription and on a "Free to End User" non subscription basis. A minimum usage requirement applies to all non-subscription Services. Where in the first two full calendar months of use, or any subsequent full calendar month, a Customer of the Free Service has not received at least ten minutes of calls to their non subscription Service Number, j2 Global shall have the right, 10 days after the end of the month in which the minimum use was not achieved, to take back the allocated Service Number, at which point Customer's entitlement to use the Service shall immediately cease. Any Service Number(s) taken back will be made available for other customers after a further one month period. No minimum usage criteria apply to subscription Services. However if the subscription Service is not availed of within 3 months of the date of acceptance of the terms and conditions, then the Service facility may be subject to re-negotiation.

3. Please note that Your use of the "Free to End User" Service through a geographic Service Number is subject to j2 Global's "Fair Use" policy. You will be in violation of this policy if, within any thirty (30) day period, Your usage exceeds more than three (3) times the average level of usage of j2 Global's Customers for such Service over that thirty (30) day period. j2 Global reserves the right to terminate or suspend Your account without prior notice in the event of a policy violation.

4. With regard to Yac Call Manager Services, Customer 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 also 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.

5. With the exception of freephone Service Numbers, the charges applicable in respect of inbound calls made by callers to a Service Number will not be applied by j2 Global but will be applied by the caller's phone service provider. The charges levied by phone service providers outside the country associated with the Service Number may vary from operator to operator. Subject to the specific product pricing or agreed pricing, j2 Global will charge Customers on a per second basis for all inbound/outbound call traffic. In circumstances where an outbound call is required, j2 Global will apply its supplement charge for Service calculated on a per minute basis. In the case of Yac Conferencing, j2 Global will charge for the total length of the call - the total number of minutes of all participants combined.

6. The Service will only become available to the Customer when j2 Global has received confirmation from the Customer - confirming acceptance of this Agreement and when all conditions have been complied with to the satisfaction of j2 Global.

7. If You begin the sign up process for Yac Services but fail to complete the process, j2 Global may contact You one (1) time via email in an effort to help successfully guide You through this process. You hereby authorize j2 Global to make such contact, even if You ultimately determine not to sign up for Yac Services.

3. IDENTIFICATION

1. In the case of a subscription Service it is a requirement in the provision of the Services that the Customer provide personal details that may be used by j2 Global to identify them. All such data will be subject to data and privacy obligations as set out in this Agreement or the j2 Global Privacy Policy. However, in the event of dispute over identification, with respect to billing, or in respect of police investigations, or for any reason whatsoever, j2 Global reserves the right to use all data, including telephone records and caller identification records to identify/assist to identify Customer and users of the Service.

4. TERM

1. j2 Global will provide the Service on an ongoing basis to Customers. All charges will be debited to the Customer's credit/debit card or from their bank account by direct debit unless otherwise agreed. The minimum agreed term of Yac Services is twelve months, after which time the continued provision of the Service will be reviewed by j2 Global. Subject to j2 Global's satisfaction, j2 Global will continue to provide the described Service subject to the terms of this Agreement and this Agreement shall remain in effect until terminated by either party in accordance with its terms.

5. DATA

1. j2 Global shall at all times during this Agreement and for a period of 12 months after its expiration or termination (howsoever caused) maintain full, accurate and proper records and books of account showing all information necessary for the proper accounting of monies due under this Agreement.

2. j2 Global deems Your disclosure of information as Your consent to the collection, storage, processing and use of this information by j2 Global. j2 Global may use this information to assist in the collection of payments from You; to verify Your identity; to tell You about any Service related changes affecting Your use of the Service, and to advise You of any new Services, features and functionality.

6. COMMISSIONS AND ACCOUNTING

1. You agree to pay all charges for Your use of Services at the prices then in effect for Your country of residence. j2 Global reserves the right to charge value-added ("VAT"), sales or other taxes on the Services as it deems appropriate.

2. j2 Global reserves the right to alter the level and structure of pricing upon the provision of notice to the Customer by publication on the Yac Website. Customers of the Yac Service are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of the Yac Service after changes are posted constitutes Customer's acceptance of the prices as modified by the posted changes.

3. In subscribing to Yac Services Customer agrees to provide j2 Global with a valid credit card or bank account number that they are authorised to present for payment. Each time You use the Services, or allow or cause the Services to be used, You agree and reaffirm that j2 Global is authorised to charge Your designated 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. Customer confirms that they will ensure that the credit card or bank account provided for payment has sufficient funding to enable payment of all debits presented for payment. It is agreed that all fees in respect of the Service will be deducted from the credit/debit card or bank account unless alternative card or bank details are provided. 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 Yac account. You must also promptly notify j2 Global if Your card is canceled (e.g., for loss or theft).

4. Depending on whether Customer opts to pay annually or monthly by credit / debit card, the card of Customer will be debited in respect of the annual or monthly fee accordingly on an annual or monthly basis in advance, and is completely non-refundable. You agree that depending on whether You wish to pay annually or monthly j2 Global may submit charges for Your annual or monthly service fee, without further authorisation from You, until You provide prior notice (in accordance with j2 Global's termination procedures) that You have terminated this authorisation or wish to change Your designated card. 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 Service will not be deemed a basis for refusing to pay any charges submitted by j2 Global in accordance with this Agreement. 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 authorisation from Your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement You receive from Your card issuer.

5. If You subscribed for a Service pursuant to a special offer granting You a free trial period, the relevant fee will be PRE-AUTHORISED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorised 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 authorisation from You, upon the expiration of such free trial period, unless You provide prior notice (in accordance with j2 Global's termination procedures, as may be established by j2 Global from time to time at its sole discretion) that You have terminated this authorisation. Such notice will not affect charges submitted before j2 Global reasonably could act on Your notice. If You subscribed to a Service 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.

6. EACH CUSTOMER, INCLUDING A COMPANY, IS LIMITED TO ONE (1) FREE TRIAL ACCOUNT PER SERVICE.

7. Credit/debit cards of Customers purchasing credits will be debited immediately upon receipt of instruction.

8. Customers paying by direct debit will be advised 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. 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.

9. 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

10. Fixed Charges, Subscription Charges and Usage Charges (including but not limited to Mobile Redirection Charges, International Redirection Charges and/or Landline Redirection Charges) are payable per payment period or part of a payment period. There is no adjustment made to amount due if Service is not provided for all days of the period.

11. j2 Global may provide the Service 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.

12. All commission payments due to the Customer in respect of call traffic will be subject to a minimum threshold for payout. If the commission payment due to the Customer in any one month is less than the threshold amount (currently œ25/37 Euro, but subject to change at j2 Global's discretion), then no payment will be made and commission for the period will not be considered payable.

13. Cost of outbound calls overlapping a Peak/Off-Peak or Off-Peak/Peak period will be charged at the rate applicable to the start time period.

14. Prior to initiating an outbound call to a chargeable destination, the Customer must have sufficient credits available to meet the cost of 80 seconds of a redirected outbound call.

15. j2 Global reserves the right to amend payment terms, tariffs, method of payment and payment periods and the Customer will endeavour to comply with any requests or authorisations required to ensure the implementation of any amendment.

16. The Customer is considered to be in default of their payment obligation if payment is not immediate when requested or if not made within three days of the due date, or if payment has not been made on the due date for three consecutive payment periods.

17. 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.

18. j2 Global may provide a Service to the Customer on credit terms (15 days) at its discretion. j2 Global reserves the right to refuse to provide the Service if it is not satisfied with the perceived credit risk that j2 Global would incur in the provision of the Service on this basis and j2 Global reserves the right to seek and obtain information from the Customer, 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 Service to the Customer. 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.

19. The Customer is considered to be in default of their payment obligation if j2 Global is unable to process the credit/debit card payment for any reason whatsoever. In the event of payment being refused by the card issuer or bank, j2 Global reserves the right to seek the same payment and process the debit to the Card Holder's credit card at a later date.

20. j2 Global reserves the right to suspend or terminate Your Service without notice upon rejection of any credit or debit card charges or if Your card issuer (or its agent or affiliate) seeks return of payments previously made to j2 Global 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.

21. j2 Global maintains records and books of account with respect to monies due under this Agreement in accordance with Section 5.1 above.

7. SERVICE COMMITMENT:

1. j2 Global will make all reasonable efforts to ensure that the Service offered will meet with Your requirements but cannot guarantee that the Service will be uninterrupted, timely, secure and error-free, other than as provided in the "terms and conditions".

8. USER CONDUCT:

Customer agrees not to use the Service for illegal purposes or in such a manner that is inconsistent with this Agreement or engage in any action that might be considered system abuse in the opinion of j2 Global. These include, but are not limited to:

1. Attempting to take unfair advantage in terms of the Service offered.

2. Attempting to circumvent user authentication or security of any host, network, or account on j2 Global's systems or the Internet at large.

3. Interfering or disrupting networks connected to the Services; interfering or disrupting another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services; or attempting, in any way, to interfere with or deny Service to any user or host on the Internet.

4. Forging email or USENET posting header information.

5. Any form of relaying messages through j2 Global.

6. Using the Service for any illegal purpose, or for the transmission of information that is libelous, unlawful, harassing, abusive, threatening, abusive of another's privacy, harmful, vulgar, defamatory, obscene, pornographic, or in any way that may cause offence in any way.

7. Transmitting 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.

8. Using the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

9. Attempting to cancel, supersede, or otherwise interfere with email or USENET posts.

10. Using a Service account or network connection to collect replies to messages sent from another provider which violates the rules of that other provider.

11. Use of the Service in a manner which is inconsistent with this Agreement.

9. USER RESPONSIBILITIES:

Customer accepts responsibility for the following:

1.úTo accept communications from j2 Global in respect of Services provided or any other j2 Global service which may advise of important amendments to the Service, to the operational use of the Service or to the cost of the Service, or in respect of this Service and in respect of any other Services offered by j2 Global, important amendments, or advice of features or sales promotions. Customers that have subscribed to subscription Services may however, opt not to receive such promotions by advising j2 Global of their wish in this regard.

2.úCustomer has sole responsibility to back up any messages received.

3.úTo obtain all necessary permissions to use the Service, to receive, download, display, distribute or execute other programs or perform other works and to obtain, install and maintain suitable equipment and software to utilise the Yac Services available.

4.úTo comply with all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, data privacy, telecommunications, consumer protection, unfair competition, anti-discrimination or false advertising and all laws regarding the transmission of technical data exported from any country through the Services); to comply with all regulations, policies and procedures of networks connected to the Services such as but not limited to Internet regulations, policies and procedures.

5.úTo obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required to access and use the Services.

6.úTo pay all charges resulting from use of the Service, including unauthorised use prior to Customer notifying j2 Global of such use and taking steps to prevent its further occurrence.

10. USER ACCOUNT, PIN, PASSWORD & SECURITY:

1. Customer agrees to provide true, accurate, correct and complete information, which the Customer is required to provide when registering for the Service and to notify j2 Global of any changes to such information. Customer agrees not to impersonate any other person or entity or to use a false name or a name that Customer is not authorised to use.

2. j2 Global reserves the right to decline any application from You to register for the Service, at its sole discretion. If Customer is accepted, Customer will receive from j2 Global a username and password and in some cases a PIN. If Customer is allowed to select a username, j2 Global reserves the right to modify such or provide Customer with a username of j2 Global's choice if, in its sole opinion, such username infringes or violates the rights of any person or third party or is defamatory, offensive or is in any other way improper or inappropriate. j2 Global reserves the right to terminate Customer's account if any information provided by Customer in the registration process is untrue, inaccurate or out of date.

3. When using a Yac Service, Customer has sole responsibility for maintaining the security and confidentiality of all passwords, usernames, PINs, security access codes and other confidential information relating to Customer's Service. Customer accepts total responsibility for these codes and for any consequence of these codes being divulged.

4. Customer is also obliged to pay the applicable charges for calls to the help line. Failure to do so will be considered a breach of this Agreement.

5. You understand and agree that based on available inventory j2 Global reserve the right to charge a fee for the personalised selection of a Service Number for a Yac Service.

11. PRIVACY, SECURITY AND COMMUNICATIONS:

1. j2 Global is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. To demonstrate j2 Global's commitment to Customer privacy, j2 Global has developed a Privacy Policy, a current copy of which is available at the Yac Website. j2 Global is registered with the Data Protection Registrar.

2. j2 Global considers any calls or messages sent via a Yac Service to be private correspondence between the sender and recipient. j2 Global shall not edit, or disclose the contents of any communication, except that Customers agree that j2 Global may do so:

(a) As required by law (b) To comply with legal process (c) To conform to the limitations of the Service (d) To conform to other, similar technical requirements

3. Customer acknowledges and agrees that Customer is fully responsible for the contents of Customer's transmissions through the Services and that j2 Global does not endorse the content of Customer's communications, and cannot be held responsible for any communications accessed, distributed or received by Customer via the Services. j2 Global is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material, or content that infringes or may infringe the intellectual property or rights of another.

4. 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 or other suppliers.

5. j2 Global may send email to both its subscription Customers and Customer of the free Service, concerning j2 Global services which it deems may be of interest to them. If at any time a subscription Service Customer wishes to withdraw their agreement to be contacted in such a manner, they may do so by advising j2 Global. No further marketing emails promoting other services will then be sent to Customer, though j2 Global may continue to send Customer emails advising Customer of system changes and Service affecting changes in respect of the Service to which Customer has subscribed. Given that the promotion of Yac Services and the acceptance of promotional emails is an integral part of the "free" offering, in the event of Customer advising that they no longer wish to receive such emails, Customer's account will be closed and no further communications will be sent.

12. MAINTENANCE:

1. j2 Global reserves the right to suspend or discontinue the Service for maintenance or Regulatory Reasons or any other purpose beyond its reasonable control, without incurring any liability or obligation to the Customer, and if such is 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.

13. RELATIONSHIP OF PARTIES:

1. Nothing in this Agreement shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

14. TERMINATION:

1. Either You or j2 Global may terminate this Agreement 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 this Agreement without prior notice, provided that j2 Global will attempt to confirm such termination or suspension by subsequent notice. Termination of this Agreement, however caused, will not invalidate any claim by j2 Global for monies due for Services provided prior to termination, and such monies will remain payable to j2 Global by the Customer as per this Agreement.

2. Either party shall be entitled to terminate this Agreement with immediate effect if it deems that the other party commits a material breach of the terms of this agreement. j2 Global reserves the right to terminate/suspend the Service immediately in the event of payment default.

3. j2 Global reserves the right to terminate its relationship with the Customer, though not the Service provided by the transfer/passing of its relationship with the Customer to a third party service provider such as, but not restricted to, a telecom reseller. Where deemed possible, j2 Global will provide the Customer with thirty days notice of such a transfer. Such a transfer of business would terminate the direct relationship between j2 Global and the Customer and j2 Global will make all reasonable efforts to ensure that the Service provided will not be affected.

4. j2 Global may automatically terminate this Agreement in accordance with Section 2.2 above.

5. Customer acknowledges that any termination of an account or Services under any provision of this Agreement may be affected without prior notice, and that Customer's entitlement to use the Service ceases immediately. j2 Global may then immediately erase any messages linked to Customer's account, any username, PIN, password or security access codes and bar access to Customer's account.

15. REFUNDS:

1. All payments in relation to Services provided by j2 Global are non-refundable.

16. WARRANTIES:

1. Each party to this Agreement represents and warrants to the other party that: it has the full right, power and authority to enter into this agreement and to perform its obligations hereunder; and that the acceptance of this Agreement by such party, and the performance by such party of its obligations and duties hereunder, do not and will not violate any agreement to which such party is a party or by which it is otherwise bound.

2. 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. 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.

3. In the case of Customers using a credit card to satisfy a debt, the Customer confirms that they are authorised to apply debits to the credit card account.

4. Each party warrants that when accepted by such party, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms;

17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

1. ALL 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 THE SERVICES 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 ANY 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 ANY 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 EUROS. 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 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 j2 GLOBAL, IN EVALUATING THE YAC SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF j2 GLOBAL.

18. INDEMNIFICATION

1. 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 Service 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.

19. CONFIDENTIALITY:

1. Subject to Section 3.1 of this Agreement and the j2 Global Privacy Policy, each party agrees not to disclose any information received from the other during the performance of this Agreement except with the prior written consent of the other party including, without limitation, information relating to the details of the call, the customers, suppliers, terms of business, financial data, sales and marketing information, business systems, software, data, plans, specifications and other technical information.

20. OWNERSHIP

1. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by j2 Global 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 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 j2 GLOBAL 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). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR YAC 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.

3. YOU FURTHER UNDERSTAND AND AGREE THAT j2 GLOBAL MAY FROM TIME TO TIME NEED TO CHANGE THE SERVICE NUMBER ASSIGNED TO YOU (FOR ANY 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.

4. 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 YAC SERVICE WITHOUT NOTICE. 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.

21. INTELLECTUAL PROPERTY

1. Customer acknowledges that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Yac Website or through the Service ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and Customer is only permitted to use the Content as expressly authorized by j2 Global. These Terms do not transfer any right, title, or interest in the Service, the Yac Website or the Content to Customer, and Customer may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by j2 Global. Customer agrees not to use or divulge to others any information designated by j2 Global as proprietary or confidential. Any unauthorized use of any Content contained on the Yac Website or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

2. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE YAC WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM J2 GLOBAL. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITE FOR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.

22. NOTICES:

1. Except as otherwise provided in this Agreement, any notice which either party is required to give to the other under this agreement shall be made by publication on the Yac Website by j2 Global or by either party via email or regular mail to the address provided by each party when entering into this Agreement or such other addresses as a party may notify to the other. Any notice shall be deemed to have been served - immediately if published on the Yac Website or sent by email to the sender, immediately if hand delivered by posting through the letter box of the correct addressee, within two days if posted by first class mail to an address within the country of posting and within seven days of posting if posted to an address outside the country of posting.

23. WAIVER:

1. The failure of exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies.

24. MODIFICATIONS TO THIS AGREEMENT AND TO THE SERVICES

1. j2 Global may amend this Agreement at any time by (a) posting a revised Agreement on the Yac Website or at any subsequent URL as j2 Global may determine, and/or (b) sending information regarding the amendment to the email address You provide to j2 Global. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE YAC WEBSITE 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.

2. 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.

25. ENTIRE AGREEMENT:

1. This Agreement (as amended from time to time) together with any document expressly referred to in any of its terms, contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements or communications, written or oral, between the parties in relation to such matters. No oral explanation or oral information given the any party shall alter the interpretation of this Agreement. Each provision of these terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these terms and conditions howsoever occasioned.

26. GENERAL:

1. The invalidity, illegality or unenforceability or any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.

2. The laws of Ireland shall govern these terms and conditions and You and j2 Global hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Dublin.