Login | New User | About HB   
Skip Navigation Links
Home
Learn
Products
Solutions
Company

Terms Of Service

 

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.