PassFax

PassFax is the perfect solution for individuals or small businesses looking to save time, money and streamline their faxing process.

PassFax: Low-Cost Online Faxing at Your Fingertips

Powered by Lane’s flagship product, Passport, PassFax provides a web user interface that lets users send or receive faxes. It is highly flexible and accessible from anywhere with an internet connection.

Say goodbye to the inefficiencies of traditional faxing and hello to the modern convenience of PassFax.

Choose a PassFax Package that Suites Your Needs

Our affordable pricing allows you to send faxes online quickly and easily. Lane has your faxing needs covered with multiple pricing tier options for various personal or business types.

BASIC

Send up to 100 Pages

$9.95

per month

BUSINESS

Send up to 250 Pages

$19.95

per month

BUSINESS PLUS

Send up to 500 Pages

$39.95

per month

ENTERPRISE

Customize options,
multi-users, and more

Custom

per month

The Best Online Fax Service for Small Businesses & Enterprises

Sending a fax online with Lane is now easier than ever with PassFax.

Log into PassFax

Attach Document

Insert Fax Number

Click to Send the Fax

With our user-friendly interface and customizable options, PassFax is versatile enough for any business environment. Plus, with a similar configuration to our trusted Passport fax solution, you can be confident that your online faxes will reach their destination securely.

Contact Us

For any questions or concerns regarding secure faxing online or how to send a fax online with PassFax, our experienced support team is available to ensure your utmost satisfaction with our secure online fax solution.

US: (800) 295-0494
UK: +44 1 2039 610 500
Singapore: +6531581048

Fax: (973) 526-2988

Secure Faxing With Lane

Lane is recognized globally as a leader in secure messaging communications and fax integration across a wide range of industries. Lane aims to exceed expectations by applying robust and tailored solutions that yield tangible results for their clients. With a strong track record of implementing systems across 50 countries, Lane’s team possesses extensive knowledge and experience in developing solutions from the largest financial institutions to healthcare companies, as well as other public and private enterprises.

Contact

425 Soledad St, Suite 400
San Antonio, Texas, 78205, USA

info@lanetelecom.com

US: (800) 295-0494
UK: +44 1 2039 610500
Singapore: +6531581048

Fax: (973) 526-2988

The PassFax services are provided for Customer’s use on the condition that Customer agrees to these Service Terms. The individual who agrees to these Service Terms on behalf of Customer represents to Lane that they have the authority to agree to these Service Terms on behalf of Customer. Arbitration Requirement, Waiver of Jury Trial: These Service Terms include a requirement that disputes be resolved on an individual basis by binding arbitration and not as part of any class action, consolidated, or representative claim. These Service Terms also include a waiver of a right to a jury trial. See Section 14.6 (Disputes) below.

PassFax Service Terms
These PassFax Service Terms (these “Service Terms“) are between the applicable Lane entity as defined below (“Lane“) and the individual, company, or other legal entity that submits an Order for Lane’s online PassFax services (“Customer“). Lane may modify these Services Terms at any time, but modifications are not effective for Orders that are in place prior to the modification until the Order renews or Customer adds new services to Customer’s account. See Section 14.20 (Changes to Online Service Terms).

Defined Terms. Capitalized words in these Service Terms have the following meanings, or the meaning given in the section where first used:

Affiliate means Customer’s subsidiaries, parent company, and members of Customer’s corporate family so long as Customer controls the entity, is controlled by the entity, or is under common control with the entity; for this purpose, “control” means the right to vote a majority of the voting equity securities of the entity or to otherwise control the management or policies of the entity.
Agreement refers collectively to Customer’s Order(s), and SOWs, and these Service Terms.
Authorized Users has the meaning given in Section 11.3 (Authorized Users).
Customer Data has the meaning given in Section 9 (Ownership of Customer Data).
Documentation means Lane’s general release version of user documentation for the PassFax Services, such as user manuals, online help files, and FAQ.
HIPAA means the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009, and their respective implementing regulations.
Lane means: (i) if Customer’s headquarters are in the United States, Dura Lane, LLC, a Delaware limited liability company; or (ii) if Customer’s headquarters are in any jurisdiction other than the United States, Dura Lane, Ltd. an entity organized under the laws of the United Kingdom.
Mark(s) means trademarks and service marks, such as trade names, logos, and similar indicia.
Order means either of the following that have been signed or submitted by Customer and accepted by Lane: (i) an order form provided to Customer by Lane for Customer’s signature, or (ii) a web form that Customer submits on the Lane website, in each case that describes the fees, initial term, and other transactions terms of the Services.
PassFax Services means Lane’s online software application service for making and managing facsimile communications via the Internet.
PassFax Services Warranty means the warranty stated in Section 2.1 (PassFax Services).
Plan means a defined set of services described on the Lane website, such as a Basic, Business, or Enterprise Plan.
Security Materials has the meaning given in Section 7 (Security).
Lane Technology means Lane software and services technology, including interfaces, management tools, and analytics tools used by Lane to provide the PassFax Services, all related software, documentation, all modifications, and derivative works of any of them, and all related intellectual property rights worldwide.Statement of Work or SOW means a statement of work that describes Lane’s customization or other professional services to be provided to agreed specifications that has been prepared by Lane for Customer’s signature, has been signed and returned by Customer, and has been signed or otherwise accepted by Lane.~
Term means the initial term and any renewal terms, collectively.`
2. Services and Support.
2.1 PassFax Services. Lane will provide the PassFax Services for the Term, on the terms, conditions and restrictions stated in the Agreement. Lane will use commercially reasonable efforts to make the PassFax Services available 24 x 7, year-round, excluding downtime for maintenance and emergencies. Lane warrants that the PassFax Services will conform to the Order and Lane’s Documentation in all material respects (the “PassFax Services Warranty”).
2.2 Support. Lane will provide access to online support materials and will respond to Customer’s requests for reasonable technical assistance for the PassFax Services via telephone and email during its standard support hours, currently Monday at 8:00 a.m. to Friday at 5:00 p.m., United States Central time, excluding federal public holidays in the United States and other Lane announced support holidays. Lane offers after-hours support for urgent requests. Please contact supportpassfax@laneds.com to arrange for after-hours support coverage.
2.3 Professional Services. Lane offers custom configuration and other professional services for an additional fee. Any professional services are provided on the terms stated in the applicable Statement of Work.

Phone Numbers. If Customer ask Lane to transfer any Lane-assigned telephone numbers to Customer on termination Lane will do so unless it is permitted by law to refuse the request but, unless prohibited by law, may charge an administrative fee of up to $500 per phone number for its time and expense to transfer the number. Customer acknowledges that there could be a significant delay in transferring numbers despite Lane’s use of reasonable efforts.
4.Customer is licensed to use the PassFax Technology made available to Customer as part of the PassFax Services on a non-exclusive, limited term basis subject to the terms, conditions and restrictions stated in the applicable Order and these Service Terms. Customer’s license is non-transferable except as part of an assignment of the Agreement that is permitted by Section 14.11 (Assignment). Customer’s license is sub-licensable only to Customer’s Authorized Users, subject to all of the terms of this license. Customer’s license is worldwide, subject to applicable export laws. Customer’s license may be terminated or suspended prior to expiration on a termination of the Agreement in accordance with Section 12 (Term, Termination, Suspension).
5.HIPAA BAA. Customer shall not use the PassFax Services to transmit data covered by HIPAA unless it has first notified Lane and signed a HIPAA compliant Business Associate Addendum to these Service Terms.
6.Personal Data Privacy. Lane shall comply with the data privacy laws and regulations of the United States and each State of the United States, including the California Consumer Privacy Act (the “CCPA”) as applicable to processors of personal data (or “service providers” as that term is defined in the CCPA). Specifically, but without limitation, Lane shall not sell Customer’s personal data. If Customer expects to use the online services to transmit personal data of individuals in the United Kingdom, European Union, or other jurisdiction within the European Economic Area, Lane will, on Customer’s request, execute Lane’s data privacy addendum that includes terms addressing the requirements of those regulations.
7.Security. On request, Lane will make available its materials describing its security safeguards and related audit and compliance reports (the “Security Materials”). Customer acknowledges that the Security Materials are Lane’s sensitive Confidential Information and may be shared only with Customer’s personnel and professional advisors and consultants on a need-to-know basis. Lane is not responsible to Customer or Customer’s users for any harm or damage resulting from a security incident except to the extent the security incident resulted from Lane’s failure to use commercially reasonable security safeguards. Customer acknowledges that the measures described in the Security Materials are commercially reasonable as to the risks and potential vulnerabilities presented by the PassFax Services. Customer is responsible for determining if Lane’s security safeguards meet any regulatory requirements applicable to Customer and otherwise meet Customer’s business and security requirements. Customer acknowledges that Lane’s encryption and other security commitments for the Internet portion of any transmission does not cover the part of the transmission that originates or terminates on facsimile equipment or that is made other than via Internet Protocol, such as the part of a transmission that may occur on legacy telephone systems and networks.
8.Conditions and Restrictions.Lane provides the PassFax Services and the PassFax Technology subject to the conditions and restrictions stated in this Section. Customer may not: (i) resell the PassFax Services or use the PassFax Services for the benefit of any person other than Customer and Customer’s Affiliates; (ii) modify or create derivative works of the PassFax Services or PassFax Technology; (iii) access the PassFax Services or PassFax Technology for the purpose of creating a competing service; (iv) publish any benchmarking or other performance analysis of the PassFax Services or PassFax Technology; (v) disassemble, decompile, reverse engineer, or attempt to discover any underlying algorithm or method embodied by the PassFax Technology except to the extent applicable permits this activity despite this restriction, and then on thirty (30) days advance written notice to Lane; and (vi) sublicense, transfer, or assign the license except as expressly permitted by this Agreement.
9.Ownership of Customer Data. Data that is transmitted or managed as part of Customer’s use of the PassFax Services is “Customer Data.” For example, the content of a facsimile transmission, including the name and contact information of the sender and recipient, is Customer Data. As between Customer and Lane, Customer owns and retains ownership and all rights in Customer Data and Lane may use Customer Data only for the purpose of providing the PassFax Services to Customer and exercising Lane’s legal rights and remedies in connection with the Agreement. For clarity, “Customer Data” does not include system generated data about Customer’s use of the PassFax Services, such as resource utilization or Customer’s administrative users’ navigation of the Services.
Fees and Payments
10.1 Fees.
10.1.1 PassFax Services. The fees for the PassFax Services are stated in Customer’s Order, either directly or by reference to a description of the applicable Plan on the Lane website. Lane may not increase the fees for the PassFax Service during the initial term of an Order but may increase its fees for any renewal term by giving Customer notice of the increase at least thirty (30) days prior to the first day of the renewal term. Any discounts stated in an Order apply for the initial term only, unless otherwise stated in the Order. Invoicing and payment terms are stated in the Order, or if no invoicing or payment terms are stated Lane may charge Customer monthly in advance for fixed recurring fees, monthly in arrears for variable, usage based fees, and on or after the Order effective date for any set-up or other non-recurring fees. If Customer’s use of PassFax Services significantly exceeds the parameters of the applicable Plan Lane will charge overages at the rate applicable to the Plan and may move Customer to a different Plan level or suspend the Services until Customer has made payment arrangements satisfactory to Lane in its reasonable judgment. Lane’s waiver of overage fees for one or more billing periods is not a waiver for any subsequent billing periods.

10.1.2 Professional Services. The fees for any Professional Services that Customer may elect to purchase are stated in the SOW and may be invoiced at the times stated in the SOW.
10.2 Payments. Customer must authorize and maintain a current valid payment card on file with Lane at all times during the Term. Lane will charge each invoice to the payment card on the date each invoice is issued. If Customer disputes an invoiced amount Lane will work in good faith with Customer to resolve the dispute, provided that Customer has notified Lane of the dispute within a reasonable period of time after the invoice date.
10.3 Sales and Withholding Tax. The stated fees do not include any sales, use, VAT or like taxes (“Sales Tax”). Customer must pay any applicable Sales Tax that is properly charged by Lane. Customer may not withhold any taxes from fee payments except for withholding (or similar) taxes that Customer is legally required to withhold under laws applicable to Customer. If Customer withholds any taxes, it shall gross up the amount paid such that the amount paid net of the withholding tax is equal to the invoiced amount, or with Lane’s consent, is not required to gross up the fee but shall promptly provide documentation of the withholding as reasonably requested by Lane, including documentation necessary to support Lane’s claim for any foreign tax withholding credit.
10.4 Overdue Payments. Lane may suspend or terminate Customer’s PassFax Services or Professional Services, or both, if its charge to Customer’s payment card is rejected or not timely paid for any reason. Lane may charge interest on overdue amounts at the lesser of 1.2% per month or the highest non-usurious amount permitted by applicable law. If Lane takes legal action to collect an overdue amount, Customer must also pay Lane’s reasonable costs of collection, such as attorney fees and court costs. If Lane suspends Customer’s account for late payment, Customer must pay Lane’s reasonable reinstatement fee.
10.5 General. Fees are non-refundable, even if Customer does not use the PassFax Services or Professional Services. Fees are stated and must be paid in United States Dollars.
11.Customer’s Obligations
11.11.1 Fees. Customer must pay Customer’s fees when due as described above for the Term. Customer must not use or attempt to use the PassFax Services in a way that undermines Lane’s ability to correctly calculate its fees.
11.2 Customer’s Security Obligations. Customer must use reasonable security precautions in connection with Customer’s use of the PassFax Services, such as requiring Customer’s Authorized Users to establish reasonably secure passwords and using commercially reasonable efforts to protect Customer’s systems and data from malware. Customer is responsible for the use of the PassFax Services by any person who gains access to the PassFax Services as a result of Customer’s failure to use reasonable security precautions, or who uses credentials established by Customer or Customer’s Authorized Users.
11.3 Authorized Users. Each individual authorized by Customer to use the PassFax Service is Customer’s “Authorized User.” Unless otherwise agreed in writing, Customer may authorize only one individual as its Authorized User at any given time and the individual must be an employee or individual contractor of Customer or its Affiliate. Customer is responsible for the actions of its Authorized User. Customer authorizes Lane to act on the instructions of a user who authenticates using the account credentials that Customer or Customer’s Authorized User has established. Customer is solely responsible maintaining the contact information and user permissions and authentication credentials for its Authorized Users, such as disabling the access of individuals who are no longer authorized by Customer to use the PassFax Services.
11.4 Data Retention. Lane does not have an obligation to retain records of PassFax Service activity and will destroy records of that activity by ninety (90) days following each Service use. The PassFax Service generates an email confirmation to Customer’s Authorized User that includes the details of each fax transmission. Customer is responsible for retaining those emails as Customer determines is necessary to meet Customer’s records retention requirements.
11.5 Acceptable Use. Customer may not use the PassFax Services or permit Customer’s users to use the PassFax Services in violation of industry acceptable use norms or in connection with any illegal or abusive activities. Lane’s reasonable judgment as to whether a specific use of the PassFax Services is a violation of this Section controls so long as it is reasonable, even if Customer has differing reasonable interpretation. Specifically, but without limitation, Customer may not use the PassFax Services to send unsolicited fax communications or bulk fax communications (“Fax Spam”) in violation of Federal Communications Commission rules or prevailing industry acceptable use policies. Lane may suspend the Services if it reasonably believes that Customer is in violation of this Section. In addition Lane may filter and remove any fax that it reasonably believes to be in violation of this Section and for Fax Spam may charge Customer an administrative fee of up to $1,000.00 for each item of Fax Spam that it filters from the Service.
11.6 Disruptive Use. Customer may not use the PassFax Services in a way that disrupts or undermines the integrity of the Lane services environment or the use of Lane’s services by its other customers.
11.7 Compliance with Law. Customer must use the PassFax Services in compliance with applicable law, including export laws as further detailed in Section 14.7 (Export Compliance).
11.8 Representations and Warranties. Customer represents and warrants to Lane as of the effective date of each Order and on an ongoing basis that: (i) the information Customer submits about Customer and Customer’s activities to establish a services account with Lane and place an Order is true, correct, and complete, (ii) Customer has not been the target of any legal or regulatory investigations or proceedings in connection with Customer’s business activities related to Customer’s use of the Services; and (iii) Customer has complied with applicable laws and regulations in the collection and development of Customer Data, including any notice and consent requirements applicable to personal data under applicable privacy law.

12.Term, Termination, Suspension

12.1 Term. The initial term of each Order begins on Order effective date and continues for the period stated in the Order. On expiration of the initial term, the Order renews for consecutive renewal terms of the same length as the initial term unless either Customer or Lane gives a notice of non-renewal at least thirty (30) days prior to the last day of the initial term or then current renewal term, as applicable. The initial and any renewal terms of an SOW for Professional Services are as stated in the SOW.

12.2 Termination. Customer may terminate an Order for PassFax Services effective as of the end of a monthly billing cycle by giving notice of termination to supportpassfax@laneds.com at least thirty (30) days prior to the start of that billing cycle. For example, if Customer’s billing cycle ends on the 5^th day of each calendar month, and Customer wishes to terminate an Order as of the billing cycle ending August 5, Customer must give written notice of cancelation no later than June 5. Either party may terminate an Order, and SOW, or the Agreement, on written notice if the other party is in material violation of any term of the Order, the SOW or these Service Terms, provided that if the violation is curable the terminating party must first give the other party a written notice describing the violation in reasonable detail and at least ten (10) days to cure the violation.
12.3 Suspension. Lane may suspend Customer’s access to the PassFax Services during any period that Customer is in material breach of the Agreement or Customer’s access to the PassFax Services creates a material security vulnerability. Lane will give Customer at least two (2) business days’ advance notice of the suspension, unless the suspension is made under emergency circumstances. Lane will reinstate Customer’s access to the PassFax Services when the grounds for suspension are cured unless Lane has already terminated the Agreement as described in this Section.
12.4 Surviving Provisions. The following sections survive expiration or termination of the Agreement: Fees and Payment, Confidentiality, Indemnification, Limitation of Liability, Term and Termination, Ownership of Data, Suspension, Governing Law, Disputes, Notices, General, and any other terms that by their nature are intended to survive expiration or termination.
13.Remedies, Disclaimers, Indemnification, Limitations

13.1 Remedies As Customer’s sole and exclusive remedy for a breach of PassFax Services Warranty stated in Section 2.1 (PassFax Services), Lane will repair or replace the non-conforming element of the PassFax Services, as applicable, provided that if repair or replacement is not commercially feasible then Lane may terminate the applicable Order and refund any prepaid fees for unused PassFax Services. As a condition to the warranty remedy, Customer must give notice of the warranty breach within thirty (30) days of discovering the breach and must cooperate with Lane’s reasonable requests for information and assistance, including information necessary to reproduce the problem. The remedy stated in this Section does not apply to the extent a failure is due to: (i) Customer’s failure to comply with the installation, operation, environmental, and other requirements or specifications stated in the Order or the documentation; (ii) any non-standard configuration or implementation of the PassFax Services implemented by Customer or implemented by Lane at Customer’s request; or (iii) the interoperation between the PassFax Services and any custom modules or non-standard third-party technology element.

13.2 Warranty Disclaimer. Lane makes no representations, warranties, covenants, or other commitments regarding the PassFax Services or Professional Services other than those expressly stated in the Agreement. Lane disclaims any implied warranties, such as a warranty of merchantability, fitness for a particular purpose, and non-infringement, and any representation or warranty that may arise through a course of dealing. Customer acknowledges that the use of the PassFax Service may not be uninterrupted, error free, or completely secure. Customer represents that Customer has not relied on any representation or warranty other than those stated in the Agreement.
13.3 Indemnification by Customer. Customer agrees that if a third party asserts a legal claim against Lane or any of its officers, members, managers, employees, staff, personnel, agents, licensors or suppliers (each a “Lane Person“) arising from (i) Customer’s violation of its privacy, security, or confidentiality representations, warranties, covenants, or other commitments expressly stated in the Agreement, (ii) Customer’s violation of applicable law, or (iii) Customer’s gross negligence or willful misconduct, Customer will pay all reasonable costs of defending the claim, including reasonable attorney fees, and pay any damages awarded to the third party or paid to the third party by Lane as a reasonable settlement. Customer agrees that Lane may control the defense of the claim at its option or may require Customer to defend the claim directly. If Lane elects to control the defense of the claim, Customer will reimburse Lane for its reasonable defense costs and expenses as incurred.
13.4 Indemnification by Lane. Lane agrees that if a third party asserts a legal claim against Customer or any of its Authorized Users (the “Customer Persons”) asserting that the Customer Persons’ use of the PassFax Services as permitted by the Agreement infringes or violates the third party’s patent, copyright, trade secret, or other intellectual property right recognized in the United States, Lane will defend the claim at Lane’s expense and pay any damages finally awarded to the third party by a court having jurisdiction over the claim or paid to the third party by Lane as a settlement. Customer agrees that Lane will have the right to select counsel to defend the claim and control the defense of the claim. Customer may participate in the defense of the claim with counsel of its choice at its option and expense. Customer will cooperate with Lane’s reasonable requests for information and assistance in connection with the defense of the claim. Lane agrees that it will not settle a claim under this Section without Customer’s consent unless it fully resolves the liability of the Customer Persons and does not require any of them to make an admission of liability. Customer agrees that if a Claim covered by Lane’s obligations under this Section is asserted, or is reasonably probable of assertion in Lane’s judgment, Lane may terminate the PassFax Services on reasonable advance notice without liability to Customer except to refund pre-paid fees for unused services periods. Notwithstanding anything to the contrary in this Section, Lane’s obligations do not extend to any claim arising from Customer’s use of Professional Services or Deliverables, as those terms as defined in the Professional Services Addendum, unless otherwise stated in the applicable Statement of Work, to Customer’s use of the PassFax Services in a way that is not reasonably contemplated by Lane’s services documentation, or to Customer’s use of a prior version of the PassFax Services if a subsequent version would have avoided the claim.
13.5 Limitation of Liability. In the event Customer has a legal claim against any of the Lane Persons arising under or in connection with the Agreement, the PassFax Services, or the Professional Services or any deliverables, Customer agrees that the maximum total amount of money Customer can recover from any or all of them cannot exceed the amount of fees Customer has paid or that are payable for PassFax Services for the twelve (12) months prior to the date the claim arose unless the claim resulted from a Lane Person’s intentional misconduct or is for personal injury or death resulting from the negligence, recklessness or intentional misconduct of a Lane Person. In addition, Customer agrees that in no event is Customer entitled to recover any lost revenue, lost profits, damages for lost data, or any indirect or consequential loss or damages or any kind.
13.6 General. Customer acknowledges that Lane has set its fees and entered into the Agreement in reliance on the limitations of remedies and liability stated in these Service Terms, and that these limitations reflect an agreed allocation of risk between Customer and Lane. The limitations stated in this Section shall apply to any liability arising from any cause of action whatsoever, whether in contract, tort, commercial code, strict liability or otherwise, even if a limited remedy fails of its essential purpose. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law.
14.General Terms
14.1 Rights in Technology/Intellectual Property. Customer may not copy any part of the PassFax Services or mirror the PassFax Services on any site or system, except that Customer may download and print copies of documentation for the PassFax Services as reasonably necessary for Customer’s permitted use of the PassFax Services, provided that Customer use the documentation in the exact form published, retain all branding and proprietary notices, and do not transfer the documentation to any other person. Customer may not remove any proprietary notices displayed on the documentation or other PassFax Services materials. Except for rights expressly granted in this Agreement, Lane retains all right, title and interest in and to the PassFax Services, PassFax Technology, and Lane website content and all related intellectual property rights. No rights in intellectual property may arise by implication or estoppel.
14.2 Feedback. Customer hereby license to Lane any feedback or suggestions that Customer provide regarding the PassFax Services or Lane’s other existing or proposed products or services on a perpetual, irrevocable, royalty free, worldwide, unconditional, fully sublicensable and transferable basis, including the right to make, have made, use, sell, offer to sell, import, copy, display, perform, modify, distribute in modified or unmodified form, and commercialize any intellectual property, without accounting to Customer.
14.3 Confidential Information” means any non-public information that a party (the “recipient”) receives from or learns about the other party (the “discloser”) as a result of activities contemplated by the Agreement that the recipient should reasonably understand to be confidential, given the nature of the information or the circumstances of its disclosure, but not including any information that is developed by the recipient independently and without reference to the discloser’s Confidential Information, or information that is or becomes available from a source other than discloser so long as the source did not, to recipient’s knowledge, acquire the information as a result of a violation of a duty of confidentiality to discloser. For example, non-public information Customer learns about Lane or its PassFax Services as part of the relationship contemplated by this Agreement is Lane’s Confidential Information. Customer Data is Customer’s Confidential Information. Recipient agrees not to use or disclose the discloser’s Confidential Information except to provide or use the PassFax Services, as applicable, or to exercise legal rights or obligations in connection with the Agreement. Recipient shall use reasonable care to protect the discloser’s Confidential Information from unauthorized use and disclosure. Lane’s use of reasonable care as to Customer’s Confidential Information that is part of Customer Data is met by the use of the safeguards described in the Security Materials. Recipient shall return or destroy the discloser’s Confidential Information (including that part of the Confidential Information that is “Customer Data”) on termination of the Agreement, except as necessary for reasonable and customary business record-keeping purposes. Recipient is responsible for a breach of this Section by any person to whom it has disclosed the discloser’s Confidential Information to the same extent as for its own breach of this Section. Notwithstanding the foregoing, Lane may disclose Customer’s Confidential Information in response to a subpoena, request from law enforcement, or as otherwise required by law.
14.4 Governing Law. The Order, any SOW, and these Services Terms are governed by and should be interpreted under the laws of the State of Texas, and the United States of America, as applicable, without giving effect to any conflicts of law principles that would require the application of the law of a different jurisdiction. The parties expressly and irrevocably disclaim and waive the application of the United Nations Convention on Contracts for the International Sale of Good and the Uniform Computer Information Act.
14.5 Notices. Customer’s address for notice purposes is the email address of the individual who serves as its primary business contact and the physical address appearing on the Order. Lane’s address for notice purposes is legalnotice@lanetelecom.com and the physical address of its principal office in the United States published on Lane’s website. Notices under this Agreement must be given by electronic mail with a copy transmitted via first class United States mail (or if Customer is located outside of the United States, a reputable and established international priority mail service) on the date of the electronic mail notice. Notices are deemed given, received and effective as of the time transmitted by electronic mail, or if that time does not fall within a business day, as of the beginning of the first business day following the time transmitted. Notices must be given in the English language. A party may change its address for notice by giving notice in the manner stated in this Section.
14.6 Disputes
14.6.1 Mediation. Except for a request for temporary injunctive or other equitable relief, each party agrees that it shall not begin a legal action in connection with this Agreement unless it has first given the other party written notice of the dispute, and attempted to resolve the dispute through good faith negotiation. At the request of either party, the dispute will be submitted for non-binding mediation conducted by a mutually acceptable mediator in Bexar County, Texas. The mediator will be chosen by mutual agreement of the parties within twenty-one (21) days after written notice by either party demanding mediation. Neither party shall unreasonably withhold or delay consent to the selection of a mediator. The parties will share equally the costs of the mediation, exclusive of any fees paid by a party to its internal or external legal advisors, accountants and experts in connection with the dispute. The use of any mediation procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either party. If the dispute is not resolved through negotiation or mediation within forty-five (45) days of the date of the initial demand for mediation, the parties are free to file an arbirtation action.
14.6.2 Arbitration. If the mediation process does not resolve a dispute, the parties agree that they shall submit the dispute to binding arbitration in accordance with the commercial rules of the American Arbitration Association, without any right of appeal. The arbitration shall be held in Bexar County, Texas unless the parties agree to a different location. Lane and Customer agree that any dispute resolution process shall be conducted on an individual basis and may not be brought as a class, consolidated, or representative action. In the event there is proceeding in a court, each party irrevocably waives any right to a jury trial to the extent permitted by law.
14.5.3 Injunctive, Equitable Relief. Notwithstanding the requirement for arbitration stated above, either party may bring an action in a court to enjoin intellectual property infringement or breach of confidentiality.
14.6.4 Time Bar. A party may not bring an action in relation to this Agreement more than two (2) years after the date that the cause of action accrued.
14.7 Export Compliance. Customer may not permit users to access or use the PassFax Services in a U.S.-embargoed country or in violation of any U.S. export law or regulation, or in a manner that causes Lane to be in violation of U.S. export laws, even if the use is permitted the laws applicable to Customer or Customer’s users. For example, Customer may not authorize any person to use the PassFax Services that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department’s Office of Foreign Asset Control (OFAC) or who is located in or is a national of any country that is embargoed under United States export laws; and Customer may not use or permit the use of the PassFax Services to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State, or permit the use of the PassFax Services by any person who Customer know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, or sounding rockets, or unmanned air vehicle systems. Each party represents that it is not on any restricted persons list maintained by the U.S., Canada, or any member of the European Union.
14.8 Anti-Corruption. Each party represents that it has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from the other’s employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If either party learns of any violation of the above restriction, it will promptly notify the other party.
14.9 Force Majeure. Except for Customer’s payment obligations, neither party is in violation of the Agreement if the failure to perform is due to an event beyond that party’s reasonable control, such as a significant failure of the power grid or Internet, denial of service attacks, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other acts or events for which precautions are not generally taken in the industry.
14.10 Lane’s Service Providers. Lane may use service providers to provide the PassFax Services. Lane is responsible for its service providers acts and omissions in violation of the Agreement to the same extent as for its own acts and omissions.
14.11 Assignment. Neither party may assign the Agreement in whole or in part, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety (including all Orders), without the other party’s consent to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
14.12 Publicity. Lane may identify Customer in its marketing and sales materials and may include Customer’s Marks in an appropriate area of its website and marketing materials, provided that it does not state or imply that Customer endorses the PassFax Services. Lane will use and display Customer’s Marks in accordance with Customer’s trademark usage guidelines communicated to Lane in writing. Any goodwill accruing from Lane’s use of Customer’s Marks shall accrue to Customer.
14.13 Relationship of the Parties. The parties are independent contractors. Neither party is the agent of the other, and neither party is authorized to make any representations, contract, or commitment on behalf of the other. The use of the words “partner” or “partnership” in this Agreement or otherwise refers only to a business relationship, and does not create or reflect any legal partnership, joint venture, or other fiduciary or other special relationship between the persons described as partners. The parties do not agree to any exclusivity in regards to the subject matter of this Agreement and each party is free to contract with third parties, including competitors of the other party, for transactions of the type covered by this Agreement in any market, worldwide.
14.14 Interpretations. (i) In calculating any period of time under this Agreement, the day of the act, event or default from which the designated period of time begins to run is not to be included. (ii) The term “person” refers to any legal person, and may mean a natural person (individual), a legally created person (such as an entity, trustee, or executor), or an entity (such as a corporation, partnership, or limited liability company). (iii) The word “personnel” refers to a person’s employees and individual contractors who are under the person’s direct supervision. (iv) The use of the word “including” should be read to mean “including, without limitation.” (v) All references to monetary amounts mean United States Dollars. (vi) The term “parties,” either in lower- or upper-case form, refers to the persons who are parties to this Agreement unless expressly described as “third parties.” (vii) For notice purposes, the words “business day,” “business hours,” or the like means Monday – Friday, 9:00 a.m. – 5:00 p.m., United States Central Time, excluding federal public holidays in the United States. (viii) A reference to “day” shall mean a calendar day, unless expressly designated as a “business” day. (ix) All software and other technology provided for Customer’s use is licensed and not sold; any references to a sale or purchase of software or other technology means the sale or purchase of a subscription. (x) Any requirement in this Agreement that a statement be written, in writing, or a like requirement is satisfied by an email or other digital form of writing unless expressly stated otherwise. (xi) Nouns stated in the singular imply the plural as indicated by the context, and pronouns that are gender specific refer to either gender. (xii) The Section captions in the Agreement are for convenience only; they are not part of this Agreement and may not be used to interpret the terms of the Agreement.
14.15 Third-Party Beneficiaries. There are no third-party beneficiaries under the Agreement.
14.16 Severability. In the event one or more of the terms of this Agreement are adjudicated invalid, illegal, or unenforceable, the adjudicating body may either interpret the Agreement as if such terms had not been included, or may reform such terms to the limited extent necessary to make them valid, legal or enforceable, consistent with the economic and legal incentives underlying the Agreement.
14.17 Changes to the Services. Customer agrees that Customer’s purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Lane regarding future functionality or features. Customer acknowledges that Lane may modify or suspend any of its services offerings at any time. If a modification or suspension materially and adversely affects Customer’s use of the PassFax Services, Customer may terminate the Agreement by giving written notice of the change no later than 30 days following the date of the change and receive a refund of any prepaid fees for unused services as Customer’s sole and exclusive remedy.
14.18 General Representations. Each party represents that it has validly entered into this Agreement and has the legal power to do so.
14.19 Representation by Individual Submitting the Order. If an individual submits an Order, the individual represents that: (i) if the individual submits the Order on his or her own behalf (including as a sole proprietor), the individual is old enough to enter into contracts and otherwise has the legal capacity to enter into contracts under applicable law; or (ii) if the individual submits the Order on behalf of a company or other legal entity, the individual has the legal power and authority to bind that entity to the Order and these Service Terms.
14.20 Changes to Online Service Terms. Lane may amend these Services Terms at any time in its sole discretion. Any amendment will become effective as to Customer’s Order on the first renewal of the Order that follows the publication of the amendment by at least thirty (30) days. If the amendment materially and adversely impacts Customer’s use of the PassFax Services, Customer may terminate the Agreement by giving written notice no later than thirty (30) days following the date the amendment is published and receive a refund of prepaid fees for unused PassFax Services as Customer’s sole and exclusive remedy.
14.21 Waiver. No right or remedy arising regarding this Agreement shall be waived by a course of dealing between the parties, or a party’s delay in exercising the right or remedy. A party may waive a right or remedy only by signing a written document that expressly identifies the right or remedy waived. Unless expressly stated in the waiver, a waiver of any right or remedy on one occasion will not be deemed a waiver of that right or remedy on any other occasion, or a waiver of any other right or remedy
14.22 Entire Agreement and Order of Precedence. This Agreement is the entire agreement between Customer and Lane regarding Customer’s use of the PassFax Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of these Service Terms or an Order will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. The parties agree that any preprinted term or condition stated in any business form is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order, (2) these Services Terms, and (3) the PassFax Services documentation. Customer’s use of the PassFax Services, both during any free use period and Customer’s paid term, is subject to all of the terms, conditions, and restrictions stated in the Agreement and any restrictions stated on a page on the Lane website that is part of Customer’s Order.

Defined Terms. Capitalized words in these Service Terms have the following meanings, or the meaning given in the section where first used:

Phone Numbers. If Customer ask Lane to transfer any Lane-assigned telephone numbers to Customer on termination Lane will do so unless it is permitted by law to refuse the request but, unless prohibited by law, may charge an administrative fee of up to $500 per phone number for its time and expense to transfer the number. Customer acknowledges that there could be a significant delay in transferring numbers despite Lane’s use of reasonable efforts.
4.Customer is licensed to use the PassFax Technology made available to Customer as part of the PassFax Services on a non-exclusive, limited term basis subject to the terms, conditions and restrictions stated in the applicable Order and these Service Terms. Customer’s license is non-transferable except as part of an assignment of the Agreement that is permitted by Section 14.11 (Assignment). Customer’s license is sub-licensable only to Customer’s Authorized Users, subject to all of the terms of this license. Customer’s license is worldwide, subject to applicable export laws. Customer’s license may be terminated or suspended prior to expiration on a termination of the Agreement in accordance with Section 12 (Term, Termination, Suspension).
5.HIPAA BAA. Customer shall not use the PassFax Services to transmit data covered by HIPAA unless it has first notified Lane and signed a HIPAA compliant Business Associate Addendum to these Service Terms.
6.Personal Data Privacy. Lane shall comply with the data privacy laws and regulations of the United States and each State of the United States, including the California Consumer Privacy Act (the “CCPA”) as applicable to processors of personal data (or “service providers” as that term is defined in the CCPA). Specifically, but without limitation, Lane shall not sell Customer’s personal data. If Customer expects to use the online services to transmit personal data of individuals in the United Kingdom, European Union, or other jurisdiction within the European Economic Area, Lane will, on Customer’s request, execute Lane’s data privacy addendum that includes terms addressing the requirements of those regulations.
7.Security. On request, Lane will make available its materials describing its security safeguards and related audit and compliance reports (the “Security Materials”). Customer acknowledges that the Security Materials are Lane’s sensitive Confidential Information and may be shared only with Customer’s personnel and professional advisors and consultants on a need-to-know basis. Lane is not responsible to Customer or Customer’s users for any harm or damage resulting from a security incident except to the extent the security incident resulted from Lane’s failure to use commercially reasonable security safeguards. Customer acknowledges that the measures described in the Security Materials are commercially reasonable as to the risks and potential vulnerabilities presented by the PassFax Services. Customer is responsible for determining if Lane’s security safeguards meet any regulatory requirements applicable to Customer and otherwise meet Customer’s business and security requirements. Customer acknowledges that Lane’s encryption and other security commitments for the Internet portion of any transmission does not cover the part of the transmission that originates or terminates on facsimile equipment or that is made other than via Internet Protocol, such as the part of a transmission that may occur on legacy telephone systems and networks.
8.Conditions and Restrictions.Lane provides the PassFax Services and the PassFax Technology subject to the conditions and restrictions stated in this Section. Customer may not: (i) resell the PassFax Services or use the PassFax Services for the benefit of any person other than Customer and Customer’s Affiliates; (ii) modify or create derivative works of the PassFax Services or PassFax Technology; (iii) access the PassFax Services or PassFax Technology for the purpose of creating a competing service; (iv) publish any benchmarking or other performance analysis of the PassFax Services or PassFax Technology; (v) disassemble, decompile, reverse engineer, or attempt to discover any underlying algorithm or method embodied by the PassFax Technology except to the extent applicable permits this activity despite this restriction, and then on thirty (30) days advance written notice to Lane; and (vi) sublicense, transfer, or assign the license except as expressly permitted by this Agreement.
9.Ownership of Customer Data. Data that is transmitted or managed as part of Customer’s use of the PassFax Services is “Customer Data.” For example, the content of a facsimile transmission, including the name and contact information of the sender and recipient, is Customer Data. As between Customer and Lane, Customer owns and retains ownership and all rights in Customer Data and Lane may use Customer Data only for the purpose of providing the PassFax Services to Customer and exercising Lane’s legal rights and remedies in connection with the Agreement. For clarity, “Customer Data” does not include system generated data about Customer’s use of the PassFax Services, such as resource utilization or Customer’s administrative users’ navigation of the Services.
Fees and Payments
10.1 Fees.
10.1.1 PassFax Services. The fees for the PassFax Services are stated in Customer’s Order, either directly or by reference to a description of the applicable Plan on the Lane website. Lane may not increase the fees for the PassFax Service during the initial term of an Order but may increase its fees for any renewal term by giving Customer notice of the increase at least thirty (30) days prior to the first day of the renewal term. Any discounts stated in an Order apply for the initial term only, unless otherwise stated in the Order. Invoicing and payment terms are stated in the Order, or if no invoicing or payment terms are stated Lane may charge Customer monthly in advance for fixed recurring fees, monthly in arrears for variable, usage based fees, and on or after the Order effective date for any set-up or other non-recurring fees. If Customer’s use of PassFax Services significantly exceeds the parameters of the applicable Plan Lane will charge overages at the rate applicable to the Plan and may move Customer to a different Plan level or suspend the Services until Customer has made payment arrangements satisfactory to Lane in its reasonable judgment. Lane’s waiver of overage fees for one or more billing periods is not a waiver for any subsequent billing periods.

12.Term, Termination, Suspension

12.1 Term. The initial term of each Order begins on Order effective date and continues for the period stated in the Order. On expiration of the initial term, the Order renews for consecutive renewal terms of the same length as the initial term unless either Customer or Lane gives a notice of non-renewal at least thirty (30) days prior to the last day of the initial term or then current renewal term, as applicable. The initial and any renewal terms of an SOW for Professional Services are as stated in the SOW.

13.1 Remedies As Customer’s sole and exclusive remedy for a breach of PassFax Services Warranty stated in Section 2.1 (PassFax Services), Lane will repair or replace the non-conforming element of the PassFax Services, as applicable, provided that if repair or replacement is not commercially feasible then Lane may terminate the applicable Order and refund any prepaid fees for unused PassFax Services. As a condition to the warranty remedy, Customer must give notice of the warranty breach within thirty (30) days of discovering the breach and must cooperate with Lane’s reasonable requests for information and assistance, including information necessary to reproduce the problem. The remedy stated in this Section does not apply to the extent a failure is due to: (i) Customer’s failure to comply with the installation, operation, environmental, and other requirements or specifications stated in the Order or the documentation; (ii) any non-standard configuration or implementation of the PassFax Services implemented by Customer or implemented by Lane at Customer’s request; or (iii) the interoperation between the PassFax Services and any custom modules or non-standard third-party technology element.

Defined Terms. Capitalized words in these Service Terms have the following meanings, or the meaning given in the section where first used:

Phone Numbers. If Customer ask Lane to transfer any Lane-assigned telephone numbers to Customer on termination Lane will do so unless it is permitted by law to refuse the request but, unless prohibited by law, may charge an administrative fee of up to $500 per phone number for its time and expense to transfer the number. Customer acknowledges that there could be a significant delay in transferring numbers despite Lane’s use of reasonable efforts.
4.Customer is licensed to use the PassFax Technology made available to Customer as part of the PassFax Services on a non-exclusive, limited term basis subject to the terms, conditions and restrictions stated in the applicable Order and these Service Terms. Customer’s license is non-transferable except as part of an assignment of the Agreement that is permitted by Section 14.11 (Assignment). Customer’s license is sub-licensable only to Customer’s Authorized Users, subject to all of the terms of this license. Customer’s license is worldwide, subject to applicable export laws. Customer’s license may be terminated or suspended prior to expiration on a termination of the Agreement in accordance with Section 12 (Term, Termination, Suspension).
5.HIPAA BAA. Customer shall not use the PassFax Services to transmit data covered by HIPAA unless it has first notified Lane and signed a HIPAA compliant Business Associate Addendum to these Service Terms.
6.Personal Data Privacy. Lane shall comply with the data privacy laws and regulations of the United States and each State of the United States, including the California Consumer Privacy Act (the “CCPA”) as applicable to processors of personal data (or “service providers” as that term is defined in the CCPA). Specifically, but without limitation, Lane shall not sell Customer’s personal data. If Customer expects to use the online services to transmit personal data of individuals in the United Kingdom, European Union, or other jurisdiction within the European Economic Area, Lane will, on Customer’s request, execute Lane’s data privacy addendum that includes terms addressing the requirements of those regulations.
7.Security. On request, Lane will make available its materials describing its security safeguards and related audit and compliance reports (the “Security Materials”). Customer acknowledges that the Security Materials are Lane’s sensitive Confidential Information and may be shared only with Customer’s personnel and professional advisors and consultants on a need-to-know basis. Lane is not responsible to Customer or Customer’s users for any harm or damage resulting from a security incident except to the extent the security incident resulted from Lane’s failure to use commercially reasonable security safeguards. Customer acknowledges that the measures described in the Security Materials are commercially reasonable as to the risks and potential vulnerabilities presented by the PassFax Services. Customer is responsible for determining if Lane’s security safeguards meet any regulatory requirements applicable to Customer and otherwise meet Customer’s business and security requirements. Customer acknowledges that Lane’s encryption and other security commitments for the Internet portion of any transmission does not cover the part of the transmission that originates or terminates on facsimile equipment or that is made other than via Internet Protocol, such as the part of a transmission that may occur on legacy telephone systems and networks.
8.Conditions and Restrictions.Lane provides the PassFax Services and the PassFax Technology subject to the conditions and restrictions stated in this Section. Customer may not: (i) resell the PassFax Services or use the PassFax Services for the benefit of any person other than Customer and Customer’s Affiliates; (ii) modify or create derivative works of the PassFax Services or PassFax Technology; (iii) access the PassFax Services or PassFax Technology for the purpose of creating a competing service; (iv) publish any benchmarking or other performance analysis of the PassFax Services or PassFax Technology; (v) disassemble, decompile, reverse engineer, or attempt to discover any underlying algorithm or method embodied by the PassFax Technology except to the extent applicable permits this activity despite this restriction, and then on thirty (30) days advance written notice to Lane; and (vi) sublicense, transfer, or assign the license except as expressly permitted by this Agreement.
9.Ownership of Customer Data. Data that is transmitted or managed as part of Customer’s use of the PassFax Services is “Customer Data.” For example, the content of a facsimile transmission, including the name and contact information of the sender and recipient, is Customer Data. As between Customer and Lane, Customer owns and retains ownership and all rights in Customer Data and Lane may use Customer Data only for the purpose of providing the PassFax Services to Customer and exercising Lane’s legal rights and remedies in connection with the Agreement. For clarity, “Customer Data” does not include system generated data about Customer’s use of the PassFax Services, such as resource utilization or Customer’s administrative users’ navigation of the Services.
Fees and Payments
10.1 Fees.
10.1.1 PassFax Services. The fees for the PassFax Services are stated in Customer’s Order, either directly or by reference to a description of the applicable Plan on the Lane website. Lane may not increase the fees for the PassFax Service during the initial term of an Order but may increase its fees for any renewal term by giving Customer notice of the increase at least thirty (30) days prior to the first day of the renewal term. Any discounts stated in an Order apply for the initial term only, unless otherwise stated in the Order. Invoicing and payment terms are stated in the Order, or if no invoicing or payment terms are stated Lane may charge Customer monthly in advance for fixed recurring fees, monthly in arrears for variable, usage based fees, and on or after the Order effective date for any set-up or other non-recurring fees. If Customer’s use of PassFax Services significantly exceeds the parameters of the applicable Plan Lane will charge overages at the rate applicable to the Plan and may move Customer to a different Plan level or suspend the Services until Customer has made payment arrangements satisfactory to Lane in its reasonable judgment. Lane’s waiver of overage fees for one or more billing periods is not a waiver for any subsequent billing periods.

12.1 Term. The initial term of each Order begins on Order effective date and continues for the period stated in the Order. On expiration of the initial term, the Order renews for consecutive renewal terms of the same length as the initial term unless either Customer or Lane gives a notice of non-renewal at least thirty (30) days prior to the last day of the initial term or then current renewal term, as applicable. The initial and any renewal terms of an SOW for Professional Services are as stated in the SOW.

13.1 Remedies As Customer’s sole and exclusive remedy for a breach of PassFax Services Warranty stated in Section 2.1 (PassFax Services), Lane will repair or replace the non-conforming element of the PassFax Services, as applicable, provided that if repair or replacement is not commercially feasible then Lane may terminate the applicable Order and refund any prepaid fees for unused PassFax Services. As a condition to the warranty remedy, Customer must give notice of the warranty breach within thirty (30) days of discovering the breach and must cooperate with Lane’s reasonable requests for information and assistance, including information necessary to reproduce the problem. The remedy stated in this Section does not apply to the extent a failure is due to: (i) Customer’s failure to comply with the installation, operation, environmental, and other requirements or specifications stated in the Order or the documentation; (ii) any non-standard configuration or implementation of the PassFax Services implemented by Customer or implemented by Lane at Customer’s request; or (iii) the interoperation between the PassFax Services and any custom modules or non-standard third-party technology element.