Thumbtel Fair and Acceptable Use policy

Last updated: 5^th March 2018

PLEASE READ THIS POLICY CAREFULLY

This fair and acceptable use policy sets out the standards that apply when you use our Another Number or HulloMail service (each a “Service” and together the “Services”).

BY USING THE SERVICES YOU ACCEPT THIS POLICY

By using the Service, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms, you must not use any of the Services.  We recommend that you print a copy of these terms for future reference.

• If you use our Another Number service, our Another Number Terms of Use will apply.
• If you use our HulloMail service, our HulloMail Terms of Use will apply.

WE MAY MAKE CHANGES TO THE TERMS OF THIS POLICY

We amend these terms from time to time. We will give you at least 7 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

FAIR USE OF THE SERVICES

A small number of users are responsible for generating large volumes of traffic, which can impact the Services we offer to our other customers. Our fair and acceptable usage policy ensures that all of our customers receive a fast and reliable Service.

If, in our sole and absolute opinion, you are:

(a) abusing a Service in any way;

(b) using a Service in a manner which is excessive or unfair; or

(c) using a Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users,

we may ask you to moderate your behaviour – and in extreme or continued cases, we may limit the Services, block your access or disconnect you.

PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services:

(a) In any way that breaches any applicable local, national or international law or regulation.

(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

(c) For the purpose of harming or attempting to harm minors in any way.

(d) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

(e) To transmit information that is libellous, unlawful, harassing, abusive, threatening, abusive of another’s privacy, harmful, vulgar, defamatory, obscene, pornographic, or in anyway that may infringe applicable law governing, including breach of copyright, trade marks, or any other intellectual property rights or might cause offence in any way.

(f) In such a manner that is inconsistent with the terms of use or engage in any action that might be considered system abuse in our sole and absolute opinion.

(g) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

(h) As a commercial answer service (e.g. if you require commercial services, leave us a message).

You also agree:

(a) Not to reproduce, duplicate, copy or re-sell all or any part of the Services in contravention of the provisions of our terms of use.

(b) Not to access without authority, interfere with, damage or disrupt: any part of a Service; any of our equipment or network; any software used in the provision of a Service; or any equipment or network or software owned or used by any third party.

(c) Not to use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system.

(d) Not to infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms).

(e) Not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service.

(f) Not to collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

BREACH OF THIS POLICY

When we consider that a breach of this fair and acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this fair and acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use the applicable Service, and may result in our taking all or any of the following actions:

(a) Immediate, temporary or permanent withdrawal of your right to use the Service.

(b) Issue of a warning to you.

(c) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

(d) Further legal action against you.

(e) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this fair and acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.