Customer Agreement

This Agreement, which governs the terms and conditions of your use of fax to email, voice mail, primeline, answering service, alarm monitoing, and other services (“Services”) we provide that are subject to volume usage, is between you ("you" or "Customer"), as an authorized user of such services, and Answer North America, CAS Communications Services Limited and it’s subsiduaries, an Ontario, Canada corporation ("ANA"). Notwithstanding the foregoing, your service will be provided to you and you will legally be a customer of (i) ANA if you are issued a Service telephone number that is local to North America. You will be invoiced by ANA or RORA.  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 ANA (collectively, the "Agreement"), constitutes the entire agreement between ANA and you regarding 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 ANA related to the Services shall be pursuant to a separate agreement governing customers' use of such software. For purposes of this Agreement, "Services" are defined as any and all services provided by ANA to you either now or in the future. By using Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

Goods or services listed or described on this Website constitute an invitation to make an offer to purchase.  If you begin the sign up process for Services but fail to complete the process,ANA may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize ANA to make such contact, even if you ultimately determine not to sign up for

 

Service Usage.

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

a.                          Pro Non-Toll-Free Service Usage; Fair Use Policy. As a Pro Non-Toll-Free Service Customer, you will receive a local Number from which you may receive faxes and voicemail messages in your email.
PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO ANA’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 ANA’S CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE COMBINED NUMBER OF FAX PAGES AND MINUTES OF VOICEMAIL MESSAGES RECEIVED, EXCLUDING ALL ADVERTISING AND INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY ANA, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, ANA CURRENTLY ENFORCES THIS POLICY ONLY WHERE USAGE EXCEEDS 200 COMBINED FAX PAGES AND MINUTES OF VOICEMAIL MESSAGES 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 THREE (3) TIMES THE AVERAGE LEVEL OF USAGE OF OUR CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD).

IN THE EVENT YOU HAVE VIOLATED THIS POLICY, YOU WILL AUTOMATICALLY BE CHARGED $0.15 PER FAX PAGE AND MINUTE OF VOICEMAIL MESSAGE IN EXCESS OF THE FAIR USAGE LIMIT. FOR EACH TRANSMISSION, THE NUMBER OF PAGES IS CALCULATED BASED ON THE GREATER OF THE ACTUAL NUMBER OF PAGES OR THE NUMBER OF FULL AND PARTIAL 60-SECOND INCREMENTS OF TRANSMISSION TIME. NOTWITHSTANDING THE FOREGOING, ANA RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION.

b.                          Toll-Free Service Usage. As a Toll-Free Customer, you will receive a toll-free Number from which you may receive faxes and voicemail messages in your email. You will be charged a usage fee  based on the combined number of fax pages and minutes of voicemail messages so received. 

5. Fax Broadcast Service Usage.

Fax Broadcast is a non-refundable pre-paid service. Customers are charged for Fax Broadcast on a per page basis. The applicable rates are available upon request.

6. Storage of Faxes.

While your Fax account is active, ANA will store fax messages received through your Fax Number for a period of up to 90 days from the date of receipt of such fax. These faxes are accessible through the Fax Messenger Center. You acknowledge that ANA may change its practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on ANA's servers on your behalf, at any time, as provided for in Section 13. You further agree that ANA has no responsibility or liability whatsoever for the deletion or failure to store any fax messages and/or other communications maintained or transmitted by the Service.

8. Privacy Policy.

ANA 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 upon request.  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 ANA, 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.

9. Customer Responsibilities.

You are fully responsible for the contents of your transmissions through the Services. ANA simply acts as a passive conduit for you to send and receive information of your own choosing. However, ANA reserves the right to take any action with respect to the Services that ANA deems necessary or appropriate in its sole discretion if ANA believes you or your information may create liability for ANA  compromise or disrupt the Services for you or other customers, or cause ANA to lose (in whole or in part) the services of ANA's ISPs or other suppliers. Your use of the Services is subject to all applicable local, provincial, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for 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 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 Services; (b) maintain the security of your PIN number and other confidential information relating to your account and; (c) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying ANA of such use and taking steps to prevent its further occurrence.

11. Termination.

a.                          Either you or ANA may terminate your account at time of renewal, with or without cause, upon notice. Any such notice by you to ANA must be in accordance with ANA’s verification procedures, as such procedures may be established and changed by ANA from time to time in its sole discretion, and which may include the requirement that you contact ANA by phone to confirm that any such notice was in fact sent by you. ANA also reserves the right to terminate or suspend your account without prior notice, provided that ANA will attempt to confirm such termination or suspension by subsequent notice.

b.                          b. ANA may automatically terminate your account without notice if: (i) no faxes or voicemail messages are received in your account during any continuous thirty (30) day period (for purposes of this determination, advertisements and informational messages sent by ANA are not considered faxes or voicemail messages received) or (ii) you or an intermediary blocks or filters any emails sent by or on behalf of ANA to your email account(s) where you receive your faxes or voicemail messages.

12. Customer Representations.

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the 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 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.

13. Modifications to Customer Agreement.

ANA may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the ANA Website, and/or (b) sending information regarding the amendment to the email address or voice mail number you provide or is provided to ANA. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE ANA WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE 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 ANA.

14. Modifications to Services.

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

15. Member Account, PIN, and Security.

As part of the registration process, you may be required to provide an email address and select a PIN. Once you become a registered user, your Number may automatically be sent to you by email. You may change your PIN and set a password to protect your faxes or voicemail messages after logging in to the ANA Website. You are entirely responsible for failing to maintain the confidentiality of your PIN, password, Number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify ANA of any unauthorized use of your account or any other breach of security known to you.

16. Disclaimer of Warranties and Limitation of Liability.

a.                          ALL ANA SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER ANA 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. ANA DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANA SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. ANA AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

b.                          YOUR USE OF ANY ANA 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 ANA SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM ANA. YOU AGREE THAT NEITHER ANA 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 ANA SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF ANA OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF ANA AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY OTHER ANA 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) CDN$50.00, WHICHEVER IS LESS. YOU HEREBY RELEASE ANA AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

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

d.                          YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF ANA, IN EVALUATING THE SERVICES AND/OR PRODUCTS OF  ANA.

17. Charges.

a.                          You agree to pay all charges for your use of  Services at the prices then in effect for your country of residence.  ANA reserves the right to charge value-added ("VAT"), sales or other taxes on the Services as it deems appropriate and ANA reserves the right to change prices or institute new charges for access to or use of services. All changes will be posted by ANA at the ANA Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of  Services or non-termination of your service account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

b.                          Payment of your service account balance is due quarterly unless otherwise stated in advance.  If the payment method for your account is by credit or debit card you agree to pay all amounts charged to your card.  Each time you use ANA Services, or allow or cause ANA Services to be used, you agree and reaffirm that ANA is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with ANA, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that ANA 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 ANA may delay obtaining authorization 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.

c.                          Your administration fee and service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that ANA may submit charges for your service fee each , without further authorization from you, until you provide prior notice (in accordance with ANA's verification procedures, as may be established by ANA from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before ANA reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact ANA'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 ANA in accordance with this Agreement.

d.                          If you subscribed for Services pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service 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 ANA's verification procedures, as may be established by ANA from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before ANA reasonably could act on your notice.

e.                          If you subscribed for 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 ANA's verification procedures, as may be established by ANAl from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before ANA reasonably could act on your notice.

f.                            For all Customers, you will incur charges in addition to the minimum monthly charge if you receive a combined number of fax pages, Primeline usage, and voicemail messages through your  account in excess of that permitted by our Fair Use Policy described in paragraph 2. a. and 3. a., respectively, above. Per page usage includes pages received or sent through the Services. For each transmission (sending or receiving), the number of pages is calculated based on the greater of the actual number of pages or the number of full or partial 60-second increments of transmission time. You agree that ANA may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of ANA), without further authorization from you, until you provide prior notice (in accordance with ANA's verification procedures, as may be established by ANA from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before ANA reasonably could act on your notice. If you are using Services from certain locations, you may also incur charges levied by your Internet service provider, online service provider and/or long distance carrier to access ANA.

g.                          For all customers, additional charges for outbound fax service and/or other usage-based services as ANA may introduce from time to time are payable in advance by deposit of a fixed amount (currently CDN $50.00, $25.00, or $10.00, or the approximate equivalent in local currency), as set from time to time by ANA. This deposit will be due and payable immediately upon your use of any usage-based service (or, in the event you are provided with a free credit, upon your depletion of such free credit). As a result, the first time you use any of these usage-based Services (following your depletion of your free credit, if any), a deposit (currently CDN $50.00, $25.00, or $10.00 or the approximate equivalent in local currency) will be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted based upon your use of outbound fax service and/or other usage-based charges, according to standard j2 Global messaging rates for these Services. Thereafter, each time your deposit is depleted to $2.00, another fixed amount deposit in the same amount as the prior deposit will be immediately charged to your credit or debit card, without further authorization from you, which deposit will thereafter be depleted based upon your use of outbound fax service and/or other usage-based services, according to standard ANA messaging rates for these Services. With respect to the outbound faxing service, please be advised that ANA will bill you for each attempt made by ANA to send the fax where any transmission occurs whether or not the transmission is completed, such as instances when someone answers the call or transmission is interrupted before completion.

In the event ANA submits charges for your monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize ANA to use your deposit to pay for any service fee due ANA until ANA is able to successfully charge your card. In the event ANA is subsequently able to successfully process your monthly service fee through your credit or debit card, ANA will automatically replenish your deposit for all monthly service fees paid from your deposit and will charge your credit or debit card in an amount equal to this amount (and you hereby authorize ANA to do so).

You agree that ANA may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with ANA's verification procedures, as may be established by ANA from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before ANA reasonably could act on your notice. Upon notice (in accordance with ANA's verification procedures, as may be established by ANA from time to time in its sole discretion) from you that you have terminated this authorization, you will be entitled to a refund of any unused portion of your most recent deposit, unless at such time there are any outstanding charges resulting from use of your  account (including those charges described in the preceding paragraphs), in which case the remainder of your deposit will be applied to satisfy such charges.

h.                          You must promptly notify ANA 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 account. You must also promptly notify ANA if your card is canceled (e.g., for loss or theft).

18. Payment.

ANA reserves the right to suspend or terminate your account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to ANA when ANA 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 ANA.

19. Ownership.

a.                          All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by ANA and/or its licensors and service providers except where expressly stated otherwise.

b.                          YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY  NUMBER ASSIGNED TO YOU BY ANA. OWNERSHIP OF ANY SUCH NUMBER IS VESTED SOLELY IN ANA (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 ACCOUNT FOR ANY REASON, SUCH NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT ANA 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 ANA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

c.                          YOU FURTHER UNDERSTAND AND AGREE THAT ANA MAY FROM TIME TO TIME NEED TO CHANGE THE NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN ANA'S CONTROL). YOU AGREE THAT ANA WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE 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 ANA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

d.                          IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE NUMBER ASSIGNED TO YOU BY ANA 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 ANA THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT WITHOUT NOTICE.

20. Indemnification.

You agree to indemnify ANA 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 services, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited faxes.

21. 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.

22. Participation In Promotions Of Advertisers.

You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. ANA assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

23. Notices; Consent.

Notices given by ANA to you will be given by email or by a general posting on the ANA Website, or by conventional mail. In any matter requiring ANA's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of ANA. Notices given by you to ANA must be given by email or by conventional mail (subject, however, to ANA's verification procedures, as may be established by ANA from time to time in its sole discretion, and which may include the requirement that you contact ANA by phone so as to confirm that any such notice was in fact sent by you). Notices to ANA by conventional mail must be sent to Answer North America, 503 Centennial Rd N, Toronto, Ontario, Canada   M1C 2A5

24. General Terms.

THE LAWS OF THE PROVINCE OF ONTARIO, CANADA., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF ANA 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 ANA SOFTWARE OR SERVICES RESIDES IN CANADA, ONTARIO SUPERIOR COURT; provided nothing in this section shall restrict either of the parties from resorting to the courts of any jurisdiction in order to collect, enforce or execute any judgment obtained in the federal or provincial located in Ontario. 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. ANA’s failure to act with respect to a breach by you or others does not waive ANA'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. ANA shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond ANA's reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email messages as provided as part of the Services.