This Agreement, which governs the terms and conditions of your use of the Desktop Fax Services, is between you (“you” or “End-User”) and Bell MTS, a division of Bell Canada (“we”, “us”, “our” or “Bell MTS”).

This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Bell MTS (collectively, the “Agreement”), constitutes the entire agreement between Bell MTS and you regarding the Desktop Fax Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, “Desktop Fax Services” are set out below in Section 1. By using the Desktop Fax Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

  1. Desktop Fax Services. The Desktop Fax Service includes: (i) use of a toll-free telephone number, that provides for the delivery of faxes to email in the volumes described below (see the Fair Use Policy in Section 2, below)(a “Desktop Fax Number”); and (ii) outbound faxing from the online Fax Management Interface. Faxes are only able to be sent within Canada and USA (including Alaska and Hawaii) (the “Service Area”) and will not incur any long distance charges within the Service Area. All attempts to send faxes to a number outside the Service Area will be blocked. All hosting of the Online Fax Service is located in Canada and unless a transmission is sent to or received from the USA, the transmission will not flow through the USA.
  2. Desktop Fax Service Usage. The terms of use for the Desktop Fax service are described below:
    1. Desktop Fax Toll-Free Service Usage. As a Toll-Free End-User, you will receive a toll-free fax number from which you may receive faxes. You will be charged a monthly usage fee (as set forth on www.BELLMTS.ca) based on the combined number of fax pages sent and received according to your subscribed plan. Additional pages both sent and received above your subscribed plan’s monthly allotment will be charged per page at the overage rate displayed on www.BELLMTS.ca. You will have the option to send faxes via the online fax management interface and to subscribe for additional services at www.BELLMTS.ca, subject to the terms and conditions of this Agreement.
    2. Maximum Capacity. Each fax transmission shall be limited to a maximum of three 5MB documents.
    3. Restriction on Transmissions. Bell MTS may restrict the maximum number of transmissions that can be sent or received. Any transmissions in excess of the maximum number can result in additional charges to the End-User and disconnection of the Desktop Fax Service.
    4. Technical Support. Technical Support provided by Bell MTS shall be limited to the Desktop Fax Service software and excludes End-User’s personal hardware, software and non-Bell MTS networks.
    5. Fair Use Policy. Flat rate or unlimited use plans and services offered are subject to you using the service under an ordinary range of use and in a way that does not consume excessive network capacity and/or adversely affect Bell MTS’s ability to provide services to other users. By way of example and not limitation, the following are considered by Bell MTS to be outside of an ordinary range of use thereby consuming excessive network capacity:
      1. Prolonged continuous use of high bandwidth applications such as multi-media streaming, voice over Internet protocol or LBS (location based services) or any other similar applications;
      2. Operation (i.e. hosting) of servers for services such as email, web, news, chat or other similar services;
      3. Resale, transfer or distribution of the unlimited use service for commercial purposes;
      4. Sharing the unlimited use service with another party; and
      5. Engaging in or allowing any alteration, copying, reproduction of or tampering with electronic serial numbers or other identification, signaling or transmission functions or components of the device used with the service.

      Bell MTS may immediately suspend, restrict, alter or terminate all or part of any service provided to a customer or take other necessary protective measures, if it determines that a customer is contravening this policy, as determined by Bell MTS, acting reasonably.

  3. Storage of Faxes. While you receive Desktop Fax services, Bell MTS will store fax messages sent and or received through your Desktop Fax online interface for a period of 30 days, measured from the date of receipt of each fax. Fax messages will be automatically and permanently deleted 30 days following the date of receipt of each fax. These faxes are accessible through the online Fax Management Interface. You acknowledge that Bell MTS may change its practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that faxed messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on Bell MTS’s servers on your behalf, at any time. You further agree that Bell MTS has no responsibility or liability whatsoever for the deletion or failure to store any fax messages and/or other communications maintained or transmitted by the Service.
  4. Privacy Policy. Bell MTS is dedicated to establishing trusting relationships with its customers, based on respect for personal identity and information. If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate. We will use information in accordance with the Privacy Policy under which the information was collected. Bell MTS will not monitor or censor information contained in your fax messages unless requested to by an authorized party (including, but not limited to, police officials).
  5. End-User Responsibilities. You are fully responsible for the contents of your transmissions through the Desktop Fax Service. Bell MTS simply acts as a passive conduit for you to send and receive information of your own choosing. However, Bell MTS reserves the right to take any action with respect to the Desktop Fax Services that Bell MTS deems necessary or appropriate in its sole discretion if Bell MTS believes you or your information may create liability for Desktop Fax Services, compromise or disrupt the Desktop Fax Services for you or other customers, or cause Bell MTS to lose (in whole or in part) the services of Bell MTS’ ISPs or other suppliers. Your use of the Desktop Fax Services is subject to all applicable local, provincial, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Desktop Fax Services; (2) not to use the Desktop Fax Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Desktop Fax Services; (4) to comply with all regulations, policies and procedures of networks connected to the Desktop Fax Services; (5) not to use the Desktop Fax Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to transmit through the Desktop Fax Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (7) not to use the service or any complementary features or other services in such manner as to interfere unreasonably with the use thereof by any other person; in any way which results in excessive usage of network capacity as Bell MTS may determine; or in a way that is considered by Bell MTS to be an abuse of, or in a manner that adversely affects or impacts its network, its services or other users of the Service; or for any purpose contrary to the law including, without limitation, laws regarding export control;. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, national or international law or regulation. The Desktop Fax Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Desktop Fax Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another End-User’s use and enjoyment of the Desktop Fax Services or another entity’s use and enjoyment of similar services. You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Desktop Fax Services; (b) be responsible for all charges resulting from use of the Desktop Fax Services, including unauthorized use prior to your notifying Bell MTS of such use and taking steps to prevent its further occurrence.
  6. Unsolicited Fax Advertisement/Spam Drop-Box Policy.
    1. Unsolicited Fax Advertisement Policy. The transmission of unsolicited fax advertisements is governed by the Unsolicited Telecommunications Rules (http://www.crtc.gc.ca/eng/trules-reglest.htm) set by the Canadian Radio-television and Telecommunications Commissions (“CRTC”). Distribution of unsolicited fax advertisements through the Desktop Fax Services is prohibited. If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:
      1. If the fax contains a telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional junk faxes, please do so; and
      2. Please forward the spam fax by email to abuse@bellmts.net to file a complaint with Bell MTS by inserting the required information (fax number received from and date received) and including a copy of the offending fax.

      You hereby acknowledge and agree that Bell MTS, as owner of all Desktop Fax Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Unsolicited Telecommunications Rules, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to Bell MTS.

      You are not permitted to “opt in” to receive spam faxes on your Desktop Fax Number.

    2. Spam Drop-Box Policy. Bell MTS does not permit its End-Users to use their Desktop Fax Number as a “drop-box” for responses to email or fax spam offers. If you believe you are in receipt of email or fax spam that uses a Desktop Fax Number as a “drop-box” for responses, we ask that you take the following steps:
      1. If the email or fax contains an email address, telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional messages, please do so.
      2. If you are unable to successfully “unsubscribe,” please forward the offending email to abuse@bellmts.net. We will investigate your complaint and determine if the fax/voicemail number referenced in the spam email or spam fax is an Desktop Fax Number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their Desktop Fax Service.
  7. Termination. You may terminate the Desktop Fax Services at any time, for any reason, provided that (i) you will not receive a refund for any Desktop Fax Services paid in advance, and (ii) any such notice by you to Bell MTS must be in accordance with Bell MTS’s verification procedures, as such procedures may be established and changed by Bell MTS from time to time in its sole discretion, and which may include the requirement that you contact Bell MTS by phone to confirm that any such notice was in fact sent by you. Bell MTS also reserves the right to terminate or suspend your Desktop Fax Services without prior notice, provided that Bell MTS will attempt to confirm such termination or suspension by subsequent notice.
  8. End-User Representations. You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Desktop Fax Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
  9. Modifications to End-User Agreement. Bell MTS may automatically amend this Agreement at any time by (a) posting a revised Desktop Fax End-User Agreement on the Bell MTS Website, and/or (b) sending information regarding the amendment to the email address you provide to Bell MTS. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE Bell MTS WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE DESKTOP FAX SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and Bell MTS.
  10. Modifications to the Desktop Fax Services. Bell MTS reserves the right to modify or discontinue any of the Desktop Fax Services with or without notice to you. Bell MTS shall not be liable to you or any third party should Bell MTS exercise its right to modify or discontinue the Desktop Fax Services.
  11. Member Account, PIN, and Security. As part of the registration process, you will be required to provide an email address and select a password. Once you become a registered user, your Desktop Fax Number will be automatically sent to you by email and accessed through the Desktop Fax administrative control panel. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Bell MTS of any unauthorized use of your account or any other breach of security known to you.
  12. Disclaimer of Warranties and Limitation of Liability.
    1. THE DESKTOP FAX SERVICE AND ALL OTHER BELL MTS SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AND NEITHER BELL MTS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. BELL MTS DOES NOT WARRANT THAT ACCESS TO OR USE OF DESKTOP FAX SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT BELL MTS SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. BELL MTS AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
    2. YOUR USE OF THE DESKTOP FAX SERVICE AND ALL OTHER BELL MTS SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING BELL MTS SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE DESKTOP FAX SERVICE. YOU AGREE THAT NEITHER BELL MTS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE DESKTOP FAX SERVICE OR ANY OTHER BELL MTS SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF BELL MTS OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF BELL MTS AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE DESKTOP FAX SERVICE AND ANY OTHER BELL MTS SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) $100.00. YOU HEREBY RELEASE BELL MTS AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
    3. NEITHER BELL MTS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF BELL MTS’S OR ANY SUCH LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER’S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
    4. NEITHER BELL MTS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE OR LIABLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY OF THE FOLLOWING:
      1. TRANSMISSIONS SENT TO INCORRECT RECIPIENTS;
      2. ACCURACY OR RELIABILITY OF THE INFORMATION TRANSMITTED THROUGH THE SERVICE;
      3. DISTRIBUTION OF HARASSING, OFFENSIVE, OBSCENE, COPYRIGHT OR INTELLECTUAL MATERIALS DISTRIBUTED THROUGH THE SERVICE;
      4. TRANSMISSIONS USED IN A CRIMINAL ACT; OR
      5. ERRORS OR OMISSIONS IN THE SERVICE DOCUMENTATION, INCLUDING USER GUIDES
  13. Charges.
    1. You agree to pay all charges for your use of the Desktop Fax Services at the prices then in effect. Bell MTS reserves the right to charge value-added, sales or other taxes on the Desktop Fax Services as it deems appropriate and Bell MTS reserves the right to change prices or institute new charges for access to or use of the Desktop Fax Service. All changes will be posted by Bell MTS at www.BELLMTS.ca and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of, or non-termination of the Desktop Fax Services after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
    2. Payment of your Desktop Fax Services balance is due monthly.
    3. Charges are to be paid on a monthly basis in the currency in which you were charged or billed. If your payment method is credit card and payment is not received by Bell MTS from the card issuer or its agents, you agree to pay all amounts due upon demand by Bell MTS. Each time you use the Desktop Fax Services, or allow or cause the Desktop Fax Services to be used, you agree and reaffirm that Bell MTS is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with the Desktop Fax service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Bell MTS may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Bell MTS may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
    4. Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that Bell MTS may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with Bell MTS’s verification procedures, as may be established by Bell MTS from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Bell MTS reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Bell MTS’s End-User Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Bell MTS in accordance with this Agreement.
    5. You must promptly notify Bell MTS of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to use your Desktop Fax Services. You must also promptly notify Bell MTS if your card is canceled (e.g., for loss or theft).
  14. Payment. Bell MTS reserves the right to suspend or terminate your Desktop Fax Services without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Bell MTS when Bell MTS believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available.
  15. Ownership.
    1. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials, including user guides, comprising the Desktop Fax Service are wholly owned by Bell MTS and/or its licensors and service providers except where expressly stated otherwise.
    2. Any software or documentation supplied by Bell MTS, its agents or its business partners to you to permit access to the Desktop Fax Service, including all Desktop Fax Service documentation and user guides, shall remain the property of Bell MTS. Its agents or its business partners as applicable. Documentation is subject to limitations of liability and licensing terms and cannot be copied or altered in any way.
    3. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY DESKTOP FAX NUMBER ASSIGNED TO YOU BY BELL MTS. OWNERSHIP OF ANY SUCH DESKTOP FAX NUMBER IS VESTED SOLELY IN BELL MTS (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR DESKTOP FAX SERVICES FOR ANY REASON, SUCH DESKTOP FAX NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT BELL MTS WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF BELL MTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
    4. YOU FURTHER UNDERSTAND AND AGREE THAT BELL MTS MAY FROM TIME TO TIME NEED TO CHANGE THE DESKTOP FAX NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN BELL MTS’ CONTROL). YOU AGREE THAT BELL MTS WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE DESKTOP FAX NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF BELL MTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
    5. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE DESKTOP FAX NUMBER ASSIGNED TO YOU BY BELL MTS AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE BELL MTS THE RIGHT TO IMMEDIATELY TERMINATE YOUR DESKTOP FAX SERVICES WITHOUT NOTICE.
  16. Indemnification. You agree to indemnify Bell MTS and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims based upon your use of Desktop Fax Services, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited faxes.
  17. Online Fax Services are NOT for Resale. Your right to use the Desktop Fax Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the Desktop Fax Services in any way.
  18. Notices; Consent. Notices given by Bell MTS to you will be given by email or by a general posting on the Bell MTS Website, or by conventional mail. In any matter requiring Bell MTS’s prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Bell MTS. Notices given by you to Bell MTS must be given by email or by conventional mail (subject, however, to Bell MTS’s verification procedures, as may be established by Bell MTS from time to time in its sole discretion, and which may include the requirement that you contact Bell MTS by phone so as to confirm that any such notice was in fact sent by you). Notices to Bell MTS by conventional mail must be sent to Bell MTS.Bell MTS
    P.O. Box 6666, MP19A – 333 Main Street
    Winnipeg, Manitoba, Canada R3C 3V6
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