Ohio § 1306.14

§ 1306.14.

(A) Unless otherwise agreed between the sender and the recipient, an electronic record

is sent when it satisfies all of the following: (1) The record is addressed properly or otherwise directed properly to an information

processing system that the recipient has designated or uses for the purpose of receiving

electronic records or information of the type sent, and from which the recipient is

able to retrieve the electronic record. (2) The record is in a form capable of being processed by the information processing

system described in division (A)(1) of this section. (3) The record enters an information processing system outside the control of the sender

or of a person that sent the electronic record on behalf of the sender, or enters

a region of the information processing system designated or used by the recipient

that is under the control of the recipient. (B) Unless otherwise agreed between a sender and the recipient, an electronic record

is received when both of the following are satisfied: (1) The record enters an information processing system that the recipient has designated

or uses for the purpose of receiving electronic records or information of the type

sent, and from which the recipient is able to retrieve the electronic record. (2) The record is in a form capable of being processed by the information processing

system described in division (B)(1) of this section. (C) Division (B) of this section applies even if the place the information processing

system is located is different from the place the electronic record is deemed to be

received under division (D) of this section. (D)(1) Unless otherwise expressly provided in the electronic record or agreed between the

sender and the recipient, an electronic record is deemed to be sent from the sender's

place of business and to be received at the recipient's place of business. (2) For purposes of division (D)(1) of this section, both of the following apply: (a) If the sender or recipient has more than one place of business, the place of business

of that person is the place having the closest relationship to the underlying transaction. (b) If the sender or the recipient does not have a place of business, the place of business

is the sender's or recipient's residence, as the case may be. (E) An electronic record is received under division (B) of this section even if no individual

is aware of its receipt. (F) Receipt of an electronic acknowledgment from an information processing system described

in division (B) of this section establishes that a record was received, but, by itself,

does not establish that the content sent corresponds to the content received. (G)(1) If a person is aware that an electronic record purportedly sent under division (A)

of this section, or purportedly received under division (B) of this section, was not

actually sent or received, the legal effect of the sending or receipt is determined

by other applicable law. (2) Except to the extent permitted by other law, division (G)(1) of this section may

not be varied by agreement.