The following Web-Based Facsimile Services terms and conditions constitute additional terms and conditions regarding software and services to be provided to Client by McKesson for web-based facsimile services (“Fax Services”).
The provision of Fax Services may be terminated immediately for: (i) illegal, fraudulent or improper use of the Fax Services (including without limitation Client’s use of the Fax Services in contravention of these terms and conditions); (ii) upon suspension or termination by a supplier utilized by McKesson to provide such Fax Services to Client; or (iii) if deemed reasonably necessary by McKesson to prevent interruption or disruption to McKesson’s network, its business or other McKesson customers.
Client acknowledges that McKesson or its suppliers have no control over the content of information and/or distribution lists provided by Client and transmitted through the Fax Services (whether visual, written or audible) and that McKesson or its suppliers do not examine the use to which Client puts the Fax Services or the nature of the information Client or Client’s users send or receive. Client agrees not to transmit content through use of the Fax 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. Client also warrants to McKesson or its suppliers that any and all distribution lists provided by Client to McKesson: (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. Client is responsible for maintaining the confidentiality of, and shall not transfer, sell or assign, access numbers, passwords and user names provided by McKesson or its suppliers solely for use by Client. It is the sole responsibility of Client to use Fax Services in accordance with all applicable local, state / provincial, 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. CLIENT 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 / PROVINCIAL AND FOREIGN LAWS AND REGULATIONS AND MAY SUBJECT THE ADVERTISER TO PENALTIES. Compliance with these terms and conditions requires, among other things, that all messages sent by Client utilizing the Fax Services, in whatever medium, contain the valid name and required contact information for Client, and that Client shall comply promptly with any “do not call” or “do not send” request. Client further acknowledges, and notwithstanding confidentiality provisions herein, that McKesson may disclose usage information about Client’s use of Fax Services to satisfy any law, regulation, government agency request, court order, subpoena or other legal process.
In the event Client utilizes the Fax Services to conduct telemarketing activities or disseminates materials offering the availability of goods or products or services, Client specifically warrants to McKesson: (i) that it will undertake all required actions necessary to comply with applicable federal, state / provincial or foreign “do not call” and telemarketing registration statutes and regulations; and (ii) Client will not utilize the Fax Services in a manner which results in a violation of any applicable laws or regulations with respect to such Fax Services.
Where McKesson or its suppliers provide Client with assigned telephone and/or facsimile numbers for processing opt-out requests, Client understands and acknowledges that such numbers and any associated automated functions are provided merely as an administrative convenience to Client and that the processing of such opt-out requests is Client’s responsibility. McKesson and its suppliers disclaim all responsibility for, and authority over, the receipt and processing of any opt-out requests.
Client also agrees to comply with those “Privacy” and “SPAM” policies, located at the Easy Link Web Site or another supplier utilized by McKesson to provide such Fax Services to Client (“Fax Provider”) and incorporated herein by this reference, as such policies may be amended from time to time during the term of the Agreement (the “Amended Terms”). All Amended Terms shall automatically be effective thirty (30) days after such amendment is posted on the PGS or Fax Provider Web Site or delivery to Client. CLIENT AGREES TO BE RESPONSIBLE FOR REGULARLY REVIEWING THE PGS OR FAX PROVIDER WEB SITE TO OBTAIN TIMELY NOTICE OF ANY SUCH AMENDED TERMS AND PGS’ OR FAX PROVIDER’S THEN- CURRENT TERMS AND CONDITIONS AND PRIVACY AND SPAM POLICIES. BY USING THE FAX SERVICES AFTER POSTING OR DELIVERY OF AMENDED TERMS, CLIENT WILL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY SUCH AMENDED TERMS. No such amendment by Easy Link OR Fax Provider shall serve to constitute a default or termination by McKesson of the Agreement, nor shall such amendment serve to be a basis for Client’s termination of the Agreement.
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