Save On Faxes - Online Faxing

PRIVACY POLICY

We recognize and respect the importance of protecting your privacy. To that end, we have adopted the principles set forth in this privacy policy (the "Policy") to govern our use and disclosure of your personal information. While it is impossible to guarantee that such information is or will be completely safe from unauthorized access or use, the following Policy is intended to inform you of the steps we take to protect the information you choose to provide to us. We recommend that you carefully review this Policy before providing us with your personal information.

Scope

This Policy applies to all of the services and Web sites offered by Premiere Global Services, Inc. and our subsidiaries, including without limitation SaveOnFaxes, (collectively, the "Site") and to all personal information that we directly collect or receive from you, whether manually or digitally processed. It does not apply to information our customers collect or receive from you. While we take commercially reasonable measures to protect all personal information in our control or possession, we cannot guarantee or enforce the privacy policies of our customers. For this reason, we encourage you to review the privacy policies of our individual customers' Web Sites before disclosing any personal information to or through them.

Information Collection

We may collect personal information from you on the Site, including, but not limited to, the following: (a) to facilitate the delivery of services; (b) to provide you information you request, to give you a customized interactive experience; (c) to measure interest in various services; (d) to inform you about new services and features; and (e) to help us develop new services and features that meet your needs. The information we request may include personally identifiable information such as your name, billing and shipping address, telephone number, e-mail address or credit card information. It is solely your choice whether or not you provide this personally identifiable information. However, should you choose not to provide the information, we may be unable to process an order, fulfill a service or display certain content on the Site. We do not sell or rent personal information, including personally identifiable information, to unrelated third parties.

When you browse the Site, you may do so anonymously as personal information is not collected during browsing. There is a technology called "cookies," which can be used to provide you with tailored information. We may use cookies to provide you with better service. Cookies are pieces of information that a Web site transfers to your computer's hard disk for record-keeping purposes. Cookies can make the Web more useful by storing information about your preferences for a particular site. The use of cookies is an industry standard and many major Web sites use them to provide useful features for their customers. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies. We treat any personal information that may be contained in cookies with the same level of protection as other personal information you provide to us.

Information Disclosure

We disclose personal information provided to us in limited circumstances. These circumstances include, but are not limited to, the following: (a) to the extent required by law or to respond to judicial process or a good faith belief that such action is necessary under law or to comply with legal process served on us; (b) to protect the security and integrity of the Site and our services; (c) to protect our rights and property and the rights and property of others; (d) to take precautions against liability; (e) to respond to claims that submitted information violates the rights or interests of third parties; (f) to correct technical problems and malfunctions in how the Site operates or processes visitors' information; (g) in connection with a merger, consolidation or sale of all or substantially all of the stock or assets of one or more of our businesses; (h) to provide to our customers pursuant to your request in furtherance of ensuring that you do not receive further communications from our customers or from us; or (i) pursuant to our customers' specific direction in connection with a service we are providing on behalf of our customers.

Access to Personal Information

Individuals seeking access to their personal information that we collected directly from an individual may contact our Privacy Compliance Officer, as set forth below. Individuals seeking access to their personal information that we have received from a customer must contact the customer directly. We require our customers to comply with applicable privacy laws and regulations pertaining to the use of our services including, but not limited to, that all messages sent by our customers utilizing our services, in whatever medium, contain the valid name and required contact information for the customer.

Security

We utilize reasonable and appropriate protections to ensure that personal information in our care is not misused or accessed without authorization. Personal information is stored on our own platforms or on the platforms of our agents/contractors, with access restricted to those employees or contractors who have a need for such access to perform a legitimate business function relating to the services or for maintenance, internal security or related issues. Moreover, we generate audit logs that record all access and use of personal information stored in our databases. Any contractor whom we retain to provide services for us and who will have access to personal information must generally agree to abide by the terms of this Policy.

Children

We do not knowingly collect any personally identifiable information from children under 13 years old through the Site. However, if the parent or guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact our Privacy Compliance Officer through the contact information provided below if they want this information deleted from our files. If we obtain knowledge that it has personally identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files. In addition, anyone under 18 years old should seek their parent's or guardian's permission prior to using or disclosing any personal information on the Site.

European Union Safe Harbor Compliance Statement

The European Union's Directive on Data Protection sets forth certain adequacy standards for data protection involving the personal information that is transferred from the European Union to the United States. The U.S. and E.U. have entered into a "Safe Harbor" that allows U.S. entities receiving personal information from the E.U. to comply with the European Union's Directive. Certain of our affiliates have satisfied the requirements of the Safe Harbor Principles and has certified that compliance with the U. S. Department of Commerce.

Third Party Web Sites

The Site may contain links to third party Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices of any third party Web sites. For this reason, we encourage you to review the privacy policies of these Web sites before disclosing any personal information to or through them.

Review of Compliance

We review our compliance with this Policy on a periodic basis.

Consent and Modifications to Privacy Policy

The Site is created and controlled by us in the State of Georgia, USA. By using the Site, you signify your assent to this Policy. If you do not agree to this Policy, please do not use the Site. We reserve the right to make changes or modifications to this Policy at any time without notice. Please check this page periodically for changes. Your continued use of the Site following the posting of changes to This Policy constitutes acceptance of those changes.

Enforcement

Concerns regarding our adherence to this Policy should be raised first with our Privacy Compliance Officer, through the contact information provided below.

Privacy Compliance Officer Contact Information

E-mail: privacy@saveonfaxes.com
Toll-free: 877-771-8283

Last Revised August 2008.

SPAM POLICY

Definition of Spam

"Spam" is the term used to describe unsolicited or unauthorized commercial e-mail messages. These messages are also commonly referred to as junk, bulk or unsolicited commercial e-mail ("UCE"). Under the federal law, spam means "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service." Spam is regulated by federal and state laws in the United States and may also be regulated in foreign jurisdictions. Users of our services must comply with this Spam Policy.

Our Policy Toward Spam

SaveOnFaxes (the "Company") prohibits the use of our systems and services for spamming that violates applicable laws, regulations, or this policy. Although we do not generally monitor our customers' transmissions, we may, at our discretion, refuse to process any request which comes to our attention and meets commonly accepted definitions of unlawful spam, that interferes with the normal operations of our services, that contravenes this policy, or pursuant to the request of a judicial, administrative or law enforcement agency. We also reserve the right to terminate delivery of e-mail communications or take other appropriate actions against users who violate our policies.

All e-mail originating from the Company's system either is clearly identified as being transmitted from our domain, or identifies the underlying sender of the message, and no attempt is made by us, nor should be made by any customer, to obscure or disguise header information. We do not allow outside hosts to relay mail. In addition, customers sending commercial e-mail via our services must input their name and contact information.

This policy mandates compliance with the federal CAN-SPAM Act of 2003 ("Controlling the Assault of Non-Solicited Pornography and Marketing Act") and applicable state and foreign laws and regulations. Our customers must:

include accurate header information
not use deceptive subject lines or headers
give e-mail recipients an opt-out method to unsubscribe: this includes a return e-mail address that allows a recipient to request that no further e-mail messages be sent from the sender. These opt-out requests must be honored within 10 business days. The opt-out mechanism must process opt-out requests for at least 30 days after the commercial e-mail is sent
identify commercial e-mail as an advertisement
include a valid physical postal address
not "harvest" e-mail addresses from Web sites or Web services that have published a notice prohibiting the transfer of e-mail addresses for the purpose of sending e-mail
not generate e-mail addresses using a "dictionary attack" - combining names, letters or numbers into multiple permutations
not use scripts or other automated ways to register for multiple e-mail or user accounts to send commercial e-mail, and
not relay e-mails through a computer or network without permission

In addition, we are a member of the Email Service Provider Coalition. As such, this policy also requires that commercial e-mail not be sent to an individual's e-mail address unless:

there is an existing business relationship, or
prior informed consent of the individual has been obtained (via an "opt-in" "confirmed opt-in," or "double opt-in").

We will enforce this policy, including through termination of a customer's services, with or without advance notice, and may take such other actions as we deem necessary in our discretion.

Opt-Out Requests

Our policy requires that our customers must have an active opt-out option, and must respect opt-out requests in accordance with applicable laws, regulations, and this policy.

Other

We do not permit or authorize any attempt to use our services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of our services.

Failure to enforce this policy in every instance does not amount to a waiver of our rights.

Unauthorized use of our services in connection with the transmission of unsolicited or other unlawful e-mails, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

For more information regarding the user of e-mail addresses, please view our Privacy Policy.

Last Revised May 2006.

TERMS AND CONDITIONS

1.0 - SERVICES

1.1 SaveOnFaxes ("SaveOnFaxes") will provide online faxing services, as amended from time to time, ("Services") to SaveOnFaxes customers (each a "Customer") in consideration of payment based on the rates specified herein, and the promises contained in this Agreement.

1.2 Services shall be provided to Customer in accordance with Customer's instructions that are properly formatted and transmitted by Customer in accordance with SaveOnFaxes' current published documentation which, in addition to the terms hereof, shall be located at www.SaveOnFaxes.com (the "SaveOnFaxes Web Site"). SaveOnFaxes is not responsible, and disclaims any intention, to provide or comply with any special instructions, additional specifications, or requirements not listed in published documentation pertaining to the Services.

1.3 If Customer subscribes for Services pursuant to a promotional offer granting a free trial for Services, Customer will receive use of an online fax number for a limited period of time from which Customer may send/receive a limited number of faxes ("Free Services"). Use of all Free Services shall be subject to the terms herein and any and all other restrictions, limitations and conditions identified with the specific Free Services offer to Customer on the SaveOnFaxes Web Site (e.g., inbound/outbound page limitations, etc.). Notwithstanding any other provision in this Agreement, any Free Service is provided as an accommodation to Customer and SaveOnFaxes reserves the right to terminate any Free Service at any time without notice. Further, and notwithstanding SaveOnFaxes' Privacy Policy (described herein), SaveOnFaxes has the right to disclose the email address of any Free Services customers to the owner of the URL associated with that email address in order to monitor compliance with and enforce the limitations set forth in this paragraph and this Agreement. In addition, SaveOnFaxes is permitted to audit Customer's use of the Free Services and any associated software by providing no less than five (5) days prior written notice of its intention to conduct such an audit at Customer's facilities during normal business hours. If SaveOnFaxes ultimately determines, in its sole discretion and whether or not it has conducted an audit, that Customer has violated any conditions of and/or limitations on the Free Services or any associated software, SaveOnFaxes reserves the right to immediately terminate Customer's Service and to collect from Customer the amount Customer would have been required to pay for the Services as a retail customer during the period of Customer's non-compliance. Customer agrees to pay this amount to SaveOnFaxes, plus SaveOnFaxes' cost of conducting any audits that in SaveOnFaxes' discretion reveal non-compliance.

2.0 TERM AND TERMINATION; CHARGES

2.1 This Agreement is effective upon the earlier of the date of first use of the Services by Customer or the date Customer, after reviewing these terms and conditions, electronically accepts them and shall continue unless and until terminated as provided herein. Without limiting the foregoing, if Customer has elected Services for a fixed number of months for Services (an "Initial Term" or "Term Plan"), this Agreement will automatically renew for successive terms ("Renewal Terms") equal to the length of such Initial Term for Services, unless either party delivers written notice of intention not to renew at least 60 days prior to the expiration of the Initial Term or any Renewal Term. At the commencement of any Renewal Term, the rates for Services provided pursuant to this Agreement shall automatically adjust to SaveOnFaxes' then-standard rates.

2.2 Customer agrees to a non-refundable activation fee and service charge ("Service Charge"), payable in advance, in addition to those fees for additional charges, including without limitation any set-up fees, porting fees, and/or usage charges for use of the Services. For charges paid by credit or debit cards, Customer agrees if payment is not received by SaveOnFaxes from the card issuer or its agents, Customer will pay all amounts due upon demand by SaveOnFaxes. Each time Customer uses the Services, or allow or cause the Services to be used, Customer agrees and reaffirms that SaveOnFaxes is authorized to charge your designated card in connection with the Services, and Customer must refer to such agreement (not this Agreement) with respect to Customer's rights and liabilities as a cardholder. Customer further agrees that SaveOnFaxes may submit additional charges for use of the Services each month, without further authorization from Customer, until you provide prior written notice (in accordance with SaveOnFaxes' verification procedures, as may be established by SaveOnFaxes from time to time in its sole discretion) that Customer terminates this authorization or desires to change its designated card. Such notices will not affect charges submitted before SaveOnFaxes reasonably could act on your notice.

2.3 If Customer subscribes for Services pursuant to a promotional offer granting a free trial period for Services, any Service Charge will be pre-authorized against Customer's 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 Customer's credit or debit card, without further authorization from Customer, upon the expiration of the free trial period, unless Customer terminates Services in accordance with SaveOnFaxes' procedures by cancelling services pursuant to the process available on the SaveOnFaxes Web Site or by providing notice to SaveOnFaxes Customer Service at (866) 323-8708. Such notice will not affect charges submitted before SaveOnFaxes could reasonably take action on Customer's notice.

2.4 Either party may terminate this Agreement at any time in the event that the other party breaches any provision of this Agreement in any material respect and fails to cure such breach within 30 days after receipt of written notice of such breach. Notwithstanding the foregoing, SaveOnFaxes may terminate this Agreement and/or suspend the provision of Services immediately for illegal, fraudulent or improper use of the Services (including without limitation Customer's use of the Services in contravention of Section 5), or if deemed reasonably necessary by SaveOnFaxes to prevent interruption or disruption to SaveOnFaxes' network, its business or other customers, if any portion of an invoice remains unpaid when due or for breach, not subject to cure. SaveOnFaxes shall not be liable to Customer or any third party should SaveOnFaxes exercise its right to discontinue Services, in whole or in part, or terminate this Agreement pursuant to this Section 2.4. Either party may also terminate this Agreement for any reason by providing the other party with prior written notice. For the avoidance of doubt, all terminations by Customers become effective on the last day of the billing cycle in which the termination occurs. In the event of termination of this Agreement, Customer remains responsible for all fees and charges due and incurred for the month during which the termination occurs and will not be entitled to any partial month credits or refunds OF ANY KIND (INCLUDING BUT NOT LIMITED TO PRE-PAID SERVICE CHARGES).

3.0 INSTALLATION AND TRAINING

Installation and training are the sole responsibility of Customer unless purchased separately from SaveOnFaxes.

4.0 PAYMENT; TERMS AND RATES

4.1 The provision of Services under this Agreement is subject to credit verification and acceptance by SaveOnFaxes. SaveOnFaxes may, in its sole discretion, request advance payment, in whole or in part, from Customer or change its payment terms at any time. SaveOnFaxes may cancel or re-schedule orders if SaveOnFaxes determines, in its sole discretion, that Customer's financial condition or previous payment record warrants such change. SaveOnFaxes also reserves the right, in its sole discretion, to change or institute new or additional charges and/or fees for access to or use of Services (including for ancillary services) at any time.

4.2 Charges for use of Services are invoiced via e-mail at the end of each month. Payment is due upon receipt of invoice by Customer. Customer must notify SaveOnFaxes of any charge disputed in good faith, with supporting documentation, within 30 days from receipt of invoice, or Customer will be deemed to agree to such charges and no adjustments to charges or invoices will be made. Customer shall continue to be responsible to pay for the undisputed charges on the invoice by the due date.

4.3 Past-due balances shall be subject to an interest charge of 1.5% per month computed from the due date of each invoice previously issued, or the maximum rate legally permitted, whichever is less.

4.4 Customer shall pay any collection costs, including reasonable attorney's fees, and other expenses incurred by SaveOnFaxes to collect any sums due under this Agreement.

4.5 Customer shall pay, and SaveOnFaxes reserves the right to collect in arrears, all sales, use, excise or other taxes, fees or charges of any nature whatsoever, now or hereafter imposed or assessed on SaveOnFaxes, by federal, state, county or local government authority upon or with respect to the Services provided.

4.6 For Customers using credit or debit cards for payment, Customer must notify SaveOnFaxes of changes to: (a) Customer's account number or expiration date of Customer's designated card; (b) Customer's billing address. Customer must also immediately notify SaveOnFaxes if any designated card is cancelled, lost or stolen.

5.0 CUSTOMER LEGAL COMPLIANCE AND INDEMNIFICATION

5.1 Customer acknowledges that SaveOnFaxes has no control over the content of information and/or distribution lists provided by Customer and transmitted through the Services and that SaveOnFaxes does not examine the use to which Customer puts the Services or the nature of the information Customer or Customer's users send or receive. Customer agrees not to transmit content through use of the Services that infringes any third party's intellectual property rights or that is unlawful, threatening, abusive, harassing, libelous, deceptive, fraudulent, invasive of another's privacy, vulgar, obscene or otherwise contains objectionable material of any kind or nature. Customer also warrants to SaveOnFaxes that any and all distribution lists provided by Customer to SaveOnFaxes: (i) are based upon permission or an established business relationship; (ii) have not been obtained through Internet harvesting methods or any other unlawful electronic collection of addresses or any other public or private source; and (iii) are complete, accurate and updated for any opt-outs, as applicable and required by law. Customer is responsible for maintaining the confidentiality of, and shall not transfer sell or assign, access numbers, passwords and user names provided by SaveOnFaxes solely for use by Customer. It is the sole responsibility of Customer to use Services in accordance with all applicable local, state, federal and foreign laws and regulations, including but not limited to, laws and regulations pertaining to telemarketing, facsimile advertising, commercial e-mail, personal data privacy and export control. CUSTOMER ACKNOWLEDGES THAT THE ADVERTISING OF GOODS, PRODUCTS OR SERVICES BY THE TRANSMISSION OF UNSOLICITED VOICE MESSAGES, FACSIMILES, E-MAIL OR TEXT MESSAGES MAY BE IN VIOLATION OF FEDERAL, STATE AND FOREIGN LAWS AND REGULATIONS AND MAY SUBJECT THE ADVERTISER TO PENALTIES. Customer also agrees to comply with SaveOnFaxes' Privacy and SPAM Policies, located at the SaveOnFaxes Web Site and incorporated herein by this reference, as such policies may be amended from time to time during the term of this Agreement. Breach by Customer of this Section 5.1 is grounds for immediate suspension by SaveOnFaxes of Services and termination of this Agreement. Compliance with this Section 5.1 requires, among other things, that all messages sent by Customer utilizing the Services, in whatever medium, contain the valid name and required contact information for Customer, and that Customer shall comply promptly with any "do not call" or "do not send" request. Customer further acknowledges, and notwithstanding confidentiality provisions herein, that SaveOnFaxes may disclose usage information about Customer's use of Services to satisfy any law, regulation, government agency request, court order, subpoena or other legal process.

5.2 In the event Customer utilizes Services to conduct telemarketing activities or disseminates materials offering the availability of goods or products or services, Customer specifically warrants to SaveOnFaxes: (i) that it will undertake all required actions necessary to comply with applicable federal, state or foreign "Do Not Call" and telemarketing registration statutes and regulations and (ii) Customer will not utilize the Services in a manner which results in a violation of any applicable laws or regulations with respect to such Services.

5.3 Where SaveOnFaxes provides Customer with assigned telephone and/or facsimile numbers for processing opt-out requests, Customer understands and acknowledges that such numbers and any associated automated functions are provided merely as an administrative convenience to Customer and that the processing of such opt-out requests is Customer's responsibility. SaveOnFaxes disclaims all responsibility for and authority over, the receipt and processing of any opt-out requests.

5.4 Customer shall indemnify, defend and hold SaveOnFaxes, its officers, directors, employees, and affiliates harmless from any claims, losses, damages, penalties or costs (including, without limitation, reasonable attorney's fees) arising out of (i) Customer's use of the Services; (ii) Customer's violation of or alleged violation of any applicable laws or regulations with respect to the Services, including but not limited to, any claims that Customer's use of the Services violated the rights of any third party (including those claims relating to the content provided by Customer or SaveOnFaxes' use of Customer's distribution lists on behalf of Customer), claims relating to the transmission of unsolicited documents, or the attempted transmission of a document to a residence telephone or for any errors in data or distribution information provided by Customer; or (iii) infringement of any intellectual property rights of any third party.

6.0 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 SAVEONFAXES DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SAVEONFAXES' TOTAL LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, WHETHER TO CUSTOMER OR ANY OTHER PARTY AND REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO AN AMOUNT EQUIVALENT TO THE CHARGES BY SAVEONFAXES TO CUSTOMER FOR THE PARTICULAR SERVICE PERFORMED BY SAVEONFAXES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF EVENT, ACT OR OMISSION GIVING RISE TO THE LIABILITY.

6.2 IN NO EVENT SHALL SAVEONFAXES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OTHER MONETARY LOSS; LOSS OR INTERRUPTION OF DATA OR COMPUTER TIME; ALTERATION OR ERRONEOUS TRANSMISSION OF DATA; ACCURACY OF DATA; UNAUTHORIZED ACCESS TO OR USE OF DATA PROCESSED OR TRANSMITTED BY, TO OR THROUGH THE SERVICE; PROGRAM ERRORS; OR PATENT, TRADE SECRET OR COPYRIGHT INFRINGEMENT) EVEN IF SAVEONFAXES IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

7.0 GENERAL

7.1 Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining terms of this Agreement shall not be affected or impaired thereby.

7.2 The failure of either party to enforce any term or condition of this Agreement shall not constitute a waiver of either party's right to enforce each and every term and condition of this Agreement.

7.3 This Agreement shall not be assigned by Customer without the prior written consent of SaveOnFaxes.

7.4 This Agreement shall be binding upon and inure to the benefit of the parties' successors, legal representatives and authorized assigns.

7.5 Articles 4.0, 5.0, 6.0 and 7.0 shall survive termination of this Agreement.

7.6 This Agreement shall be interpreted and governed by the laws of the State of Georgia without regard to its rules governing conflicts of law, and the parties agree to submit to the exclusive jurisdiction of the state or federal courts located in or with responsibility for Fulton County, Georgia to resolve any disputes arising hereunder.

7.7 Each party enters into this Agreement solely for its own benefit and purpose. This Agreement in no way confers any rights upon, or imposes obligations on either of the parties toward, any third party, including but not limited to any recipient of messages transmitted through the Services.

7.8 If SaveOnFaxes elects to issue a press release pertaining to this Agreement, SaveOnFaxes and Customer agree to cooperate in a joint press release, subject to both parties' prior review and approval, announcing the execution of this Agreement. Customer agrees to allow SaveOnFaxes to name Customer as a client of SaveOnFaxes in any marketing material SaveOnFaxes may create from time to time. SaveOnFaxes will not use Customer Marks, other than the corporate name of Customer, in any such materials without the prior writtenconsent of Customer, which consent shall not be unreasonably withheld.

7.9 Each party acknowledges that, in the course of performing its duties under this Agreement, it may obtain information relating to the business, the Services and to the other party that is of a confidential and proprietary nature ("Proprietary Information"). Such Proprietary Information may include, but is not limited to, trade secrets, know-how, inventions, techniques, processes, computer programs, schematics, data, customer lists, financial information and sales and marketing plans. Without limiting the foregoing, this Agreement and the pricing terms referenced herein shall be considered Proprietary Information of SaveOnFaxes. Each party and its employees and agents shall at all times, during the term of this Agreement and thereafter, keep in trust and confidence all Proprietary Information and shall not use such Proprietary Information other than in the course of their duties under this Agreement, nor shall either party or its employees and agents disclose any of such Proprietary Information to any person without the other party's prior written consent. Each party acknowledges that any such Proprietary Information received by the other party shall be received as a fiduciary of the other party. Each party further agrees to immediately return to the other party or destroy all Proprietary Information in the its possession, custody or control in whatever form held (including all copies of all written documents relating to that) upon termination of this Agreement or at any time, or from time to time, upon the request of the other party.

7.10 Customer notices will be addressed to the address first set forth on this Agreement. Notifications to SaveOnFaxes shall be addressed to: Xpedite Systems, LLC d/b/a Premiere Global Services, Attn: Legal Department, 3280 Peachtree Road, NW, Suite 1000, Atlanta, GA 30305.

7.11 This Agreement, including any schedules or exhibits, or amendments thereto (including amendments pursuant to Section 7.12 hereof), constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all other agreements between the parties relating to the matters discussed herein, whether written or verbal. Other than this Agreement, there are no verbal agreements, representations, warranties, undertakings or other agreements between the parties.

7.12 Unless otherwise prohibited by law, SaveOnFaxes may amend at any time the provisions of this Agreement, including without limitation, relating to Customer's compliance with laws and SaveOnFaxes' Privacy and SPAM Policies by, at SaveOnFaxes' election: (i) posting revised terms and conditions ("Amended Terms") on the SaveOnFaxes Web Site or (ii) delivering the Amended Terms to Customer at the address, fax or e-mail address provided herein (such delivery may be included in invoices for the Services delivered to Customer). All Amended Terms shall automatically be effective 30 days after such amendment is posted on the SaveOnFaxes Web Site or delivery to Customer as provided above. Customer agrees to be responsible for regularly reviewing the SaveOnFaxes Web Site to obtain timely notice of any such amended terms and SaveOnFaxes' then-current terms and conditions and Privacy and SPAM Policies. By using the Services after posting or delivery of Amended Terms, Customer will be deemed to have accepted and be bound by such Amended Terms. Except as expressly provided above, no such amendment by SaveOnFaxes shall serve to constitute a default or termination by SaveOnFaxes of this Agreement, nor shall such amendment serve to be a basis for Customer's termination of this Agreement. Except as otherwise provided in this Section 7.12, this Agreement may only be amended or modified, in whole or in part, by a written instrument signed by the parties to this Agreement.

These Terms and Conditions were last revised November 2007 and are subject to periodic revisions and updates.