SqueakyFax Terms Of Use

Updated: February 25, 2009 3:10pm



1. ACCEPTANCE OF TERMS

SqueakyFax provides a collection of online resources, including automated
faxing, automated text messaging, SMS, forums, and various email services,
(referred to hereafter as "the Service") subject to the following Terms of Use
("TOU"). By using the Service in any way, you are agreeing to comply with the
TOU. In addition, when using particular SqueakyFax services, you agree to
abide by any applicable posted
guidelines for all SqueakyFax services, which may change from time to time.  
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with SqueakyFax
in any way, your only recourse is to immediately discontinue use of SqueakyFax.  
SqueakyFax has the right, but is not obligated, to strictly enforce the TOU
through self-help, community moderation, active investigation, litigation,
prosecution and other means.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time.  Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of the TOU at:

http://www.SqueakyFax.com/terms_of_use.html


3. CONTENT

You understand that all faxes, postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you fax,
post, email or otherwise make available via the Service. You understand that
SqueakyFax does not control, and is not responsible for Content made available
through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the SqueakyFax site and Content available through
the Service may contain links to other websites, which are completely
independent of SqueakyFax.  SqueakyFax makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained
in any such site.  Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will SqueakyFax be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that SqueakyFax does not pre-screen or approve Content, but that SqueakyFax
shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOU or for any other reason.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

The SqueakyFax site and Content available through the Service may contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of SqueakyFax,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.  

Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.  
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.  

You agree that SqueakyFax shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that SqueakyFax is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release SqueakyFax, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service. If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."  


5. PRIVACY AND INFORMATION DISCLOSURE

SqueakyFax has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web
address:

http://www.SqueakyFax.org/privacy_policy.html

Your use of the SqueakyFax website or the Service signifies acknowledgment of
and agreement to our Privacy Policy. You further acknowledge and agree that
SqueakyFax may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of SqueakyFax, its users or
the general public.


6. CONDUCT

You agree not to fax, post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct;

c) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;

d) that impersonates any person or entity, including, but not limited to, a
SqueakyFax employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;

e) that includes personal or identifying information about another person
without that person's explicit consent;

f) that is false, deceptive, misleading, deceitful,or misinformative;

g) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;

h) that constitutes or contains  "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;

i) that includes links to commercial services or web sites, except as allowed
in "services";

j) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;

k) that disrupts the normal flow of dialog with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or

l) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.

Additionally, you agree not to:

m)"stalk" or otherwise harass anyone;

n) collect personal data about other users for commercial or unlawful
purposes;

o) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by SqueakyFax;

p) attempt to gain unauthorized access to SqueakyFax's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or
the SqueakyFax website; or

q) use any form of automated device or computer program that enables the
submission of postings on SqueakyFax without each posting being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.


7. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To
moderate demands on SqueakyFax's resources, you may not use a Posting
Agent to post Content to the Service without express permission or
license from SqueakyFax.  Correspondingly, Posting Agents are not
permitted to post Content on behalf of others, to cause Content to
be so posted, or otherwise access the Service to facilitate posting
Content on behalf of others, except with express permission or
license from SqueakyFax.


8. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to
SqueakyFax email addresses or through SqueakyFax computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in Texas.  Any unauthorized use of SqueakyFax computer systems
is a violation of these Terms and certain federal and state laws.  Such
violations may subject the sender and his or her agents to civil and criminal
penalties.


9. LIMITATIONS ON SERVICE

You acknowledge that SqueakyFax may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that SqueakyFax
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
SqueakyFax reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that SqueakyFax
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.


10. ACCESS TO THE SERVICE

SqueakyFax grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use.  This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service
nor any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by SqueakyFax.
A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file.

SqueakyFax permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media).  If the total number of such
postings displayed or linked to on your website exceeds five (5)
postings, your use will be presumed to be in violation of the TOU,
absent express permission granted by SqueakyFax to do so.  You may also
create a hyperlink to the home page of SqueakyFax sites so long as the
link does not portray SqueakyFax, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.

SqueakyFax may offer various parts of the Service in RSS format so that users
can embed individual feeds into a personal website or blog, or view postings
through third party software news aggregators.  SqueakyFax permits you to
display, excerpt from, and link to the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly linked
back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'SqueakyFax' as the source, (d) your use or
display does not suggest that SqueakyFax promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
SqueakyFax's systems.  SqueakyFax reserves all rights in the content of
the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by
SqueakyFax immediately terminates said permission or license.  In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from SqueakyFax.


11. TERMINATION OF SERVICE

You agree that SqueakyFax, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if SqueakyFax believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that SqueakyFax shall not be liable
to you or any third-party for any termination of your access to the Service.  
Further, you agree not to attempt to use the Service after said termination.  


12. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of SqueakyFax. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of SqueakyFax, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service. SQUEAKYFAX is a registered mark in the U.S. Patent
and Trademark Office.

Although SqueakyFax does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
SqueakyFax an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant SqueakyFax all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.


13. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SQUEAKYFAX SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE SQUEAKYFAX SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW,
SQUEAKYFAX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SQUEAKYFAX SITE AND THE
SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, SQUEAKYFAX DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
SQUEAKYFAX SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE SQUEAKYFAX SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, SQUEAKYFAX
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE SQUEAKYFAX SITE OR THE SERVICE.  Some jurisdictions do
not allow the disclaimer of implied warranties.  In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.


14. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SQUEAKYFAX BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SQUEAKYFAX
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE SQUEAKYFAX SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE SQUEAKYFAX SITE OR THE SERVICE, FROM
INABILITY TO USE THE SQUEAKYFAX SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SQUEAKYFAX SITE
OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE SQUEAKYFAX SITE OR THE SERVICE OR ANY
LINKS ON THE SQUEAKYFAX SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SQUEAKYFAX SITE
OR THE SERVICE OR ANY LINKS ON THE SQUEAKYFAX SITE.  THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted.  In such jurisdictions, some of
the foregoing limitation may not apply to you.


15. INDEMNITY

You agree to indemnify and hold SqueakyFax, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.


16. GENERAL INFORMATION

The TOU constitute the entire agreement between you and SqueakyFax and
govern your use of the Service, superseding any prior agreements between you
and SqueakyFax. The TOU and the relationship between you and SqueakyFax
shall be governed by the laws of the State of Arkansas without regard to
its conflict of law provisions. You and SqueakyFax agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of Fulton, Arkansas. The failure of SqueakyFax to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU remain in
full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.


17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by posting a support request for
review.

Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.

You agree to pay SqueakyFax's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other
provision of these Terms, SqueakyFax retains the right to seek the remedy
of specific performance of any term contained in these Terms, or a preliminary
or permanent injunction against the breach of any such term or in aid of the
exercise of any power granted in these Terms, or any combination thereof.


20. FEEDBACK

We welcome your questions and comments on this document in the SqueakyFax
support ticket system.


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