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ACCEPTANCE
When you sign up with our Service, you automatically
confirm that you accept all terms in this agreement.
DESCRIPTION OF
SERVICE
Hummingbytes Inc. supplies you with a set of web and application
programming services that allow you send and receive voice calls, text messages, email messages, IM,
Fax messages for commercial, personal or
marketing purposes.
This is NOT a free service.
All messages / voice calls have a usage fee
which will be determined by the products your select or the volume of usage.
REGISTRATION
When you register, we may ask you to state your address,
country of residence, language of choice and some additional
data about you and or you personal interests.
If you chose to register your name as part of your email
address or elsewhere, you consequently agree to that your
name and other information you have provided will be stored
and processed in the Hummingbytes database.
QUALITY OF DATA
The information that you state to us when you register
must be updated, correct and complete. Please note that
accounts with invalid information (for example e-mail
account, name or country) may be deleted as our sole discretion,
together with all associated information. It is your responsibility
to make sure that your information is up-to-date.
We do NOT guarantee that messages you send using our
service will be delivered.
INTEROPERABILITY
The ability to send and receive messages / voice calls is subject
to subscriber contracts, roaming agreements and billing
configuration. Due to the nature of the global telecommunication
network
the roaming and interoperability status, as well as our
ability to deliver your messages to or from any network
may change without notice.
USAGE
This account is supplied to you by Hummingbytes Inc. and must not be
used for criminal purposes or in a way that disturbs other
users or intrudes on other persons or on their property.
You are responsible for ensuring that the information
you provide using our services is legal and in accordance
with normal morals and the general ethics which apply
on the Internet. Consequently, you are not allowed to:
encourage a crime or assist anyone who encourages a crime
in any way, make or distribute statements which discriminate
or emphasize anyone's race, skin colour, sex, religion,
ethnic origin or sexual orientation, distribute pornographic
pictures or pictures which portray gross violence, force
or brutality, make or distribute statements which are
offensive or insulting. If you do any of the following
your account will be deleted without warning of any kind.
SPAM
You can send messages / make voice calls ONLY to people who have explicitly expressed
interest to receive messages / voice calls from you. All
other messages / voice calls are treated as SPAM.
Hummingbytes Inc. will immediately terminate
and delete your account if it believes that the
account or any of its sub accounts is or has been used for SPAM or unsolicited bulk messaging / bulk calling. Hummingbytes Inc. is bound to deliver a valued service and
will NOT tolerate SPAM (sending of unsolicited message/ voice calls) of Voice, SMS, MMS, EMS, IM, Email, Fax messages and/or ANY
other kind of messages. You, or users of your sub accounts,
are NOT permitted to send SPAM. Hummingbytes's refund policy for accounts that are
suspected of SPAMMING is VOID and NO refunds will be issued.
Please note that neither unsolicited messages / voice calls nor any
other messages / voice calls
that are in breach of US or international
laws may be sent via the Service and that any consequences
arising from the breach of US or international laws will
be borne
by you. Hummingbytes Inc. does not assume any responsibility
for the content of the messages / voice calls you send via its platform.
We hereby underline your responsibility:
The client undertakes that it will not knowingly
use Hummingbytes's services for any illegal, immoral or
improper purpose or in any manner which contravenes the
law or regulatory requirements of the appropriate jurisdiction
or knowingly in any way which is indecent or offensive
or in any way that could be considered as Spamming, and
undertakes not to allow any third party to do so. The
client explicitly confirms that for each Message / voice call it sends
to its Subscribers via Hummingbytes
services/platforms,
the client has the prior consent of the recipient of each
message / voice call before the message / voice call is sent.
Since penalties can be drastic, it is in your best interest
to closely obey all laws and regulations.
QUALITY OF SERVICE
You use your account and information from the Internet
entirely at your own risk. Hummingbytes Inc. does not
take responsibility for: (a) that the service will be
without faults or delays, (b) any effects on your life
when you use your account or download anything from the
Internet or (c) for goods, services or transactions
using your account.
REFUND POLICY
No refunds can be issued under any circumstances.
SYSTEM MAINTENANCE
Hummingbytes Inc. maintains computer equipment and
software to ensure the highest level of service. Our scheduled backups and system upgrades will be done at certain times of the day and you will be duly notified 24 to 48 hours before the scheduled
time. It is possible that some or all functions
will not be available at this time.
PRIVACY
Your correspondence is your own private property. Hummingbytes Inc. takes no responsibility whatsoever for the
content in the correspondence of its members. Nor does
it take any responsibility whatsoever for activities that
may take place as a consequence of communication via Hummingbytes Inc's sites. Hummingbytes Inc. will not read, change, destroy or forward
the contents of your correspondence, unless entitled to
do so by this agreement or forced to do so by law, regulation
or any extraordinary circumstance. Please read more on
our
privacy policy here.
INTEGRITY
Protect and change your password often. You are
responsible for your account and your password. Hummingbytes Inc.
will not be responsible for any loss you may experience
from someone accessing your account.
CLOSURE OF SERVICE
Hummingbytes Inc. may at any time close your account
if: (a) you supply misleading information at the time
of registration, (b) you do not use (access) your account
within a time span of 12 months, if (c) you do not follow
the terms stated in this agreement, (d) the use of your
account contravenes the law or the conditions in this
agreement, (e) there is reasonable suspicion that a crime
has been committed, (f) if you do not maintain a valid
e-mail address or (g) if there is a suspicion that you
used your account to send SPAM. Hummingbytes Inc. also retains the right to close
services at any time, temporarily or permanently, in case
of force majeure, bankruptcy, liquidation or any other events.
WARRANTY, RESPONSIBILITY
FOR FAULTS, ETC.
The services are provided on an -as is- basis with no
warranty implied or explicit.
INDEMNIFICATION
You agree to indemnify and hold Hummingbytes Inc.,
its parents, subsidiaries, affiliates, officers and employees,
harmless for any claim, demand, or damage, asserted by
any third party due to or arising out of your use of or
conduct on the system. The Service is provided without
any guarantees explicit or implied.
Hummingbytes Inc. is not responsible for direct, indirect
or other damage suffered by the User or a third party
as a result of using the Service, faults in the Service
or interruption to or termination of the Service. Hummingbytes Inc. is also not responsible in any way for the
content or the delivery of the messages which the User
has sent or received via the Services.
COPYRIGHT
COPYRIGHT. This web site, the web site technology and
all content from time to time displayed by Hummingbytes Inc. on the web site (www.hummingbytes.com) are the property
of Hummingbytes Inc., USA. The Web site is protected
by Commonwealth
of Massachusetts,
USA law and conventions for
the protection of industrial and intellectual property
rights. You may not, without expressed permission from
Hummingbytes Inc., copy or to the public display the
Web site or the Web site in part or parts. You also may
not mirror the Web site on your home page. Your use of
the Web site does not create a license or any other rights
in Hummingbytes Inc.'s trademarks, services, copyrights,
or any other intellectual property or proprietary rights.
DISAGREEMENTS
This agreement shall be governed by and construed in accordance
with laws of Commonwealth
of Massachusetts, USA. In case of
a dispute, you agree to submit yourself to the jurisdiction
of courts of Commonwealth of Massachusetts, USA.
CHOICE OF LAW AND VENUE
Any action at law, suit in equity, or judicial proceeding
for the enforcement of this Agreement or any provision hereof shall be instituted
only in the courts of the Commonwealth of Massachusetts, USA. This Agreement shall be governed by the
laws of Commonwealth of Massachusetts, USA both as to interpretation and performance.
CHANGES IN THIS
AGREEMENT
Hummingbytes Inc. reserves the right to alter the
terms of this agreement. By continuing to use this
service, you accept the new wording of the membership
terms. It is therefore in your interest to keep yourself
updated on the membership terms.
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