Halloo Accounts and Services-Terms of Use

Halloo Communications, Inc. makes your Halloo account and services available to you under the following terms and conditions.

Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialization or registration of the Services, either on the telephone or through the Halloo website (Halloo.com) or through any of the Halloo subdomains (e.g. my.Halloo.com) (the Halloo website and subdomains are collectively referred to herein as, the "Site"); or (ii) through the use of your Account and PIN; or (iii) your use of the Site.

These Terms of Service are valid for all Halloo Product Plans except in cases where a written contract replaces the terms.

Halloo Communications at its sole discretion reserves the right to refuse service to anyone for any reason. Halloo Communications reserves the right at its sole discretion to change or cancel the Service, Service Terms of Use, Site Terms of Use or pricing at any time without prior notice; change to the Service, Service Terms of Use, Site Terms of Use, Acceptable Use Policy, Privacy Policy or pricing become effective immediately upon posting to the Halloo website. This service is offered to persons age eighteen (18) or older or legal entities whose principals or officers are eighteen (18) years of age or older. Important: The terms and conditions associated with this service are set forth in this agreement (Service Terms of Use), the Site Terms of Use, the Acceptable Use Policy and the Privacy Policy. Please read these agreements carefully before you activate use of this service. By using your Halloo account, you acknowledge your receipt of and agreement with these Service Terms of Use, Site Terms of Use, the Acceptable Use Policy, the Reasonable Use Policy and Privacy Terms and any amendments made hereafter:

Charges and Billing

  1. You authorize any charges incurred from the use of your Halloo account to be billed to you through your charge or credit card account. A valid charge or credit card number is required when the Halloo Service with a prepaid fee, a monthly fee or usage fee is activated. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Halloo Communications at once. You may use the Halloo account only so long as your charge or credit card remains valid and in good standing. Your Halloo account must not be used after your Halloo account or your charge or credit card has expired or has been withdrawn, revoked, or terminated. You continue to be responsible to Halloo Communications for any charges resulting from the use of your Halloo account after your charge or credit card has been terminated, or after you revoke your authorization to bill your account, at which time all outstanding charges will be payable immediately to Halloo Communications.
  2. You may provide a new credit card for your account at any time. You can provide a credit card by logging into your account and changing payment information. Upon verification, Halloo Communications, Inc. will first attempt to collect any subsequent charges from this new credit card. If any charge to the new card fails for any reason, Halloo Communications, Inc. reserves the rights to attempt collection from any other credit card associated with the account.
  3. Your Halloo account is not transferable in any way and may not be assigned to any third party. You agree to pay for all charges incurred by use of the Halloo account issued to you and comply with the other terms and conditions set forth herein. All charges incurred through use of your Halloo account and debited to your credit card account are subject to the credit card finance charges appearing on your account statement, in accordance with the terms and conditions of that account.
  4. Charges for the services will be rated and charged in accordance with the rates provided herein, on our website or any promotional offer during the published terms of such offer by Halloo Communications in United States dollars at a flat rate per minute (as provided in our price list and with surcharges outside the 48 contiguous states). Our rates are calculated at one-minute increments. The amount debited will include any applicable taxes, and will be shown in the currency provided for in your charge or credit card agreement. All prices are subject to change without prior notice. Our published rates may not include additional charges you may receive for terminating or forwarding a call to a cell phone or public pay phone.
  5. Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer’s subscription or use or payment for the Halloo Service.
  6. All Monthly Service Charges and Monthly Recurring Charges and any additional per minute charges incurred will normally be charged to your account on a monthly basis. Features which are billed on an as-used basis (Conference calling etc.), are generally charged to your account when your outstanding balance of these features use or additional per minute charges exceeds your credit limit (e.g., $10.00 of accumulated charges) or at the end of your monthly billing cycle if the accumulated charges are below the limit. These charges will appear as part of your next month billing cycle. The amount charged will include any applicable taxes, and will be shown in the currency provided for in your charge or credit card agreement. All prices are subject to change without prior notice.
  7. Your payment card is normally charged once per term on the first day of the new billing cycle for your term rate plan(s) and any other balance due (feature charges). E.g., a one (1) year (prepaid) account will be charged 12 times the monthly fees (MRC) associated with the account upon activation and again whenever the account has used its credit balance. An account may run out of its credit balance sooner than a year from the prepayment due to additional charges including but not limited to out-of-plan usage, payphone termination charges and international calling surcharges. Your payment card will be charged when the credit balance has been used and an amount is due. This will mark the beginning of a new Term.
  8. Your account is considered late when a payment fails for any reason. The late fee or failed payment fee assessed may be up to the the greater amount of $39 or 1.5% of balance due. Multiple late fees and failed payment fees can be incurred in the same monthly period if multiple collections fail.
  9. Changing Service Plans. If you choose to switch to a different calling plan, please log in to your on-line account management interface and change plan to the new desired plan or send an e-mail to support@halloo.com from your administrator e-mail address, including your account ID as well as the name of the plan that you would like to switch to. You may change plans at any time during your billing cycle. You will receive a pro-rated credit for the unused portion of your existing rate plan as applicable and a prorated charge for the new plan. A change of plans is treated as a termination of the old plan part way through the month, followed by the initiation of the new plan part way through the month. Any included minutes remaining from the old plan will be lost, but a pro-rated fraction of minutes from the new plan will be granted. However, if the fraction of included minutes from the old plan that have been used is greater than the fraction of the month that has elapsed, then the refunded portion of the old plan will be calculated based upon the fraction of monthly included minutes used, rather than the fraction of time elapsed. Changing to a larger plan will often result in a payment before the monthly billing date. Changing to any term plan will result in charges for the new term to be added to your account.. E.g., a change to an Prepaid Annual Plan will result in charges for 12 months plus the remainder of the current month to be added to your account. Removing individual extensions does not result in a reduction of remaining minutes or a prorated refund.
  10. Audio Storage Usage Over Limit. If you use more space for audio storage than the allocated space for your plan, then your account may be upgraded without notification to accommodate the space used. Your account will never be automatically downgraded.
  11. Unused monthly minutes for plans. At the end of each service month, any unused minutes remaining in your account will be forfeited. Minutes cannot be rolled over from one month to the next. At the beginning of each months billing cycle, if your account is in good standing, your account will be recharged to the specified amount of minutes in your monthly rate plan.
  12. Calls from public pay phones to Toll Free Numbers. If your plan includes a Toll Free Number, any call originating from a public pay phone to your Toll Free number will be subject to a pay phone termination charge. The current surcharge for a call of this type is listed on the surcharge page of our website and is subject to change at any time. The amount of the surcharge stipulated in this clause at the time the call is completed will be billed to your account.
  13. Calls to Mobile Phones. Most plans include calls to mobile phones, but rates to mobile phones maybe charged at a different rate. Call to mobile phones in the continental U.S. are charged at the same rates as to wire line phones in the continental U.S. Calls to mobile phones to countries outside the U.S. may be charged at a different rate than wire line rates for that country. Please consult the international calling rates to determine if there is a different rate for mobile phone calling in that country.
  14. International Rates. Calls to and/or from countries, states and territories outside the continental U.S. (including calls from/to Hawaii, Alaska, US Virgin Islands, Puerto Rico and other US territories) are charged at the current rates available from Halloo at the time the call is placed.
  15. Calls using Answering Service. Calls using the Answering Service are charged at the current rates available from Halloo at the time the call is placed.

Customer will be billed at Halloo’s then current service usage rates for voice traffic. Usage charges are based on the actual usage of Halloo Service, measured in Minutes, which begin when the called party or its IVR answers and end when either party disconnects. If the called party does not answer, Halloo may disconnect that call (normally after 150 seconds) and bill the call for 120 seconds. Customer’s International rates, International discounts and International billing increments as well as all other rates, discounts and billing increments are subject to change upon 5 days notice by Halloo to Customer. Rate changes may be provided by Halloo on its web site or via electronic mail to the e-mail address on file for the customer's account, and shall be deemed received when sent by Halloo in accordance with the above.

User Responsibilities

Fees paid to Halloo Communications are for services provided by Halloo Communications. In order for you to use the Service, it is your responsibility to furnish at your own expense and paid for by you:

  • Provide and be responsible for a connection to the Internet
  • Provide at your own expense any equipment needed to connect to and make use of the Internet and e-mail account
  • Obtain your own phone service and required features from your local or wireless provider
  • Obtain any other equipment, communications services or features (e.g., Audio recording software, Firefox or Chrome browser) that you desire to use with Service(s) provided by Halloo Communications

The fees paid by you to Halloo Communications are only for the Halloo Service. You are responsible for all charges associated with your telephone, all telephony equipment, long distance charges and charges for connecting to the Internet. You agree that any telephone or communications charges incurred by you are your sole responsibility. You may be subject to other charges from your phone company in addition to fees for this service.

Ownership of Number

You understand and agree that you are not the owner of any telephone number assigned to you by Halloo. Ownership of any such phone number is vested solely in Halloo (who will assign or re-assign such numbers to you for your use during the term of this Agreement). You understand and agree that (a) Halloo may from time to time need to change the number assigned to you (due to an area code split or for any other reason outside of Halloo's control) and (b) following the termination of your account for any reason you will no longer have access to such number. In either case, such phone number may be re-assigned immediately to another customer and you agree that Halloo 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 contract, tort or other grounds, even if Halloo has been advised of the possibility of damages. In the event that the Service associated with your Halloo number is being terminated, then Halloo will, upon your written request and through standard porting procedures, allow you to move your Halloo number from us to an alternate carrier (and will provide the necessary documentation to support this process), provided that (a) the termination of Service is not due to a default; that (b) all fees and charges for the Services, whether or not then due, have been paid in full; and, (c) a $50 port-away fee is paid to Halloo. This port-away fee may be waived for specific accounts at Halloo's discretion. Port completion timing is determined by the winning carrier. Halloo is not notified by the winning carrier when the port is complete. It is, therefore, the customer's responsibility to communicate with Halloo when the number has been ported away and is fully functional on the winning carrier's service. Halloo will remove the number from the customer's system then. Porting away the last number on the a Halloo account will not automatically cancel the account. It is the customer's responsibility to communicate with Halloo when the number has been ported away and is fully functional on the winning carrier’s service. Halloo will cancel the customer's service upon notice from customer.

Disputes, Refunds and Termination

The Terms will continue to apply until terminated by either you or Halloo as set out below. Any disputed charges or requests for cancellation of an active Service or account with Halloo must be made in writing. Notices to Halloo shall be considered given when confirmed as received by Halloo Communications, Inc. at support@halloo.com.

  1. Any disputes concerning the use of your Halloo account requiring judicial resolution shall be determined in the Courts of the State of California under the laws of the State of California.
  2. Any challenges to a charge or request for a refund must be made in writing to Halloo Communications. Notices to Halloo Communications shall be considered given when received by Halloo Communications at support@halloo.com
  3. Halloo Communications will respond to any challenges to charges or refund requests in writing to the customer at the Email address in the customers’ profile. In the case that Halloo Communications grants either a full or partial refund to the disputed charges, said refund will be made at Halloo Communications discretion by either crediting equivalent minutes to your plan, issuing a credit on your next months statement or issuing a credit to the credit card to which the original charge was made.
  4. Any disputed charges must be brought to our attention, in writing, within seven (7) days of the charges or you will have waived your right to dispute the charges. Halloo Communications reserves the right to cancel your Halloo account at any time.
  5. All calling plans are on a month-to-month or annual prepaid basis. The term for all Service plans will renew automatically for successive Terms of the same length without further action by or notice to you unless you notify Halloo of non-renewal at least thirty (30) days before the end of the then current Term by contacting customer service by submitting a notice to support@halloo.com. For your protection, you will receive an e-mail notification to which you MUST reply to complete the cancellation process. This reply with confirmation must be received at least 7 days notice prior to the end of your billing cycle to avoid additional plan service charges to your credit card. If you choose to terminate service, you understand that there will be no refunds of the plan service charge for the current term and, that any unused minutes will be forfeited.
  6. Annual Plan Customers. For annual plan customers, you are purchasing the Service for the full length of the applicable Term. You have thirty (30) days from the Date of First Purchase for a prorated refund in accordance with your Services Contract. After the first thirty (30) days, if you terminate the Services prior to the end of your Term, you are responsible for all charges for any remaining time left on the Term as if you remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, un-billed charges, and any applicable disconnection fee, as described below (collectively, "Default Charges"). In addition, you will not be entitled to a refund for any unused portion of prepaid Term charges.
  7. Your account termination will go into effect within a reasonable amount of time after Halloo Communications’ receipt of termination notice (typically within three business days).
  8. Halloo Communications may terminate and or suspend your Halloo Service at any time in its sole discretion, if any charge to your credit card on file with Halloo Communications is declined or reversed or in case of any other non-payment of account charges. Termination of Service for a declined card, reversed charges or non-payment leaves you FULLY LIABLE to Halloo Communications for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by Halloo Communications owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.

Resolution of Disputes

Mandatory Arbitration. Any dispute or claim between Customer and Halloo Communications arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by JAMS in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

Cost of Arbitration. All administrative fees and expenses of arbitration initially will be divided evenly between Customer and Halloo Communications. In all arbitrations, each Party will bear the expense of its own counsel, experts, witnesses and preparation of evidence in arbitration. The prevailing Party shall be awarded all attorneys’ fees and costs attendant to each arbitration proceeding. The decision of the Arbitrator shall be final. The location of arbitration shall be San Francisco California, unless otherwise agreed to by both Parties in writing.

Notices. Notices to Customer shall be sent to the email address on file for Customer at Halloo Communications and will be considered given on the date sent by Halloo Communications. Customer is responsible for notifying Halloo Communications of any changes to their email address. Notices to Halloo Communications shall be considered given when confirmed received by Halloo Communications at support@halloo.com

Free Promotional Offer

We’re so confident about the quality of our service and equipment; we offer a free trial of our services to each new customer. The offer is described during the signup process and has a pre-assigned number, a limited number of user extensions and a limited number of minutes.

All charges for any Setup fees, Upgrades, International Calls, or Special Services are still billable and are not included as part of the return offer. Domestic calling minutes must be under the included number of minutes. The terms are simple:

Free trial terms:

  • A valid corporate e-mail address is required in order to activate any Halloo plan.
  • You do not get to choose a number for the plan. Our system assigns a number for you.
  • You can change the number after upgrading to a paying plan.
  • The offer is subject to the Reasonable Use Policy as well as all other Terms and Policies in effect for Halloo Accounts and Services.
  • The offer may be discontinued by Halloo at any time without notice.
  • The offer includes a limited number of minutes and may be suspended or paused if a customer exceeds the minutes included.
  • Any customer and company is limited to one free trial, to one account not subject to setup and activation fees, and to one of any other promotional offer that may be in effect at any time. This and any other program may be discontinued without notice. Any Call Center will be subject to a setup fee. Halloo Communications, Inc. reserves the right to deny this and any other promotion to any customer without explanation.
  • In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Halloo will always be accurate, correct and up to date.
  • Halloo provides all account updates to you in electronic form. Halloo may provide such information to you via email at the email address you are using in conjunction with the Services at any time as well as any email address associated with payment information provided for the Services. As long as you access and use the Services, you will have the necessary software and hardware to receive such notices. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature of delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. If you do not consent to receive any notices electronically, you must discontinue your use of the Services.
  • Halloo may insert advertising depending on current program policies and your level of participation. The Service may provide, or third parties may provide, links to other World Wide Web sites or Internet resources. Your use of other sites or resources are governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. Because Halloo has no control over such sites and resources, you acknowledge and agree that Halloo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Halloo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Answering Service

Halloo Answering Service is available on 1-year plans as an add-on service for a surcharge. The cost to use this service can be seen on the Surcharges page of the Halloo web site and may change at any time. Halloo will do its best to have sufficient agents handling calls and to pick up calls as soon as possible, but cannot guarantee specific performance. The surcharge applies for all calls connected to the answering service, whether a message could be taken or not. Calls from fax machines, robo-dialers and abandoned calls are all subject to the surcharge.

NOTE: At this time, the Halloo Answering Service is only able to take short messages with an average connection time of up to one minute. Halloo reserves the right to charge for excessive calls and to deny this or any other service to any customer without reason or advance notice. Halloo also reserves the right to refuse to take certain information when prohibited by law or for any other reasons.

Service Updates and Feature Releases

The Services that Halloo provides may be updated periodically, sometimes without prior notification by Halloo. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Halloo to deliver these to you) as part of your use of the Services. Halloo reserves the right to refuse support of or assist with features or services that have been discontinued by Halloo. Halloo will always in good faith notify of any major discontinuations of Services or features included as part of the Services.

Number Transfer on Service Termination

Halloo Communications may, solely at the Company’s discretion, release the telephone number that was assigned to you and used in connection with your service provisioned by Halloo Communications to your new service provider, provided that (i) your Halloo Communications account is completely current including all charges, (ii) your account has been requested terminated, (iii) your new service provider is able to accept the number, AND (iv) you request the transfer promptly upon requesting termination of your Halloo account. Please note that numbers on Free Promotional Accounts are not transferrable.

General

  • Halloo Communications may terminate any calling plan or service upon failure to charge your credit card.
  • Your Halloo account will remain in effect as long as you have met the other conditions stated in this agreement and can only be terminated by notification to Halloo Communications.
  • If your Halloo account is refused by the Halloo Communications Global Network as an invalid number, or used without authorization, please immediately contact support@halloo.com.
  • You acknowledge that Value Added Taxes may apply to calls made through the use of the Halloo accounts and you will be responsible for any Value Added Tax. You also acknowledge that you are responsible for and shall pay any other applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use of or payment for the Halloo Services.
  • You agree that Halloo Communications may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
  • You understand that all information (such as data files, written text, call routing settings, music, audio files from PBX or voicemail messages) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such configurations were made. Halloo is not responsible for any damage or loss of business, or business opportunities caused by configurations you make to your Halloo Services.
  • The liability of Halloo Communications or any of its affiliated, employees, agents or service providers arising from errors or omissions in the provision of the services is limited to an amount equal to the charge for any such services.
  • Halloo Communications has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session. However, Halloo Communications reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
  • You understand that Halloo Communications is limited in the depth of customer support that can be provided to customers. Accordingly, telephone-based customer service may not be provided. Halloo Communications will provide email and other support resources on an as-available basis. If you experience a problem with the service you can report it by sending an email with a description of the problem you are encountering to support@halloo.com.
  • Halloo Communications reserves the right to terminate accounts that remain inactive for over 60 days, or accounts which in the sole judgment of Halloo Communications are used for purposes which are illegal, or which Halloo Communications deems inappropriate or detrimental to Halloo Communications. Activity requires both calls to the account and regular logon to the My Halloo site.
  • You acknowledge that the Service is intended for customary and business use. The Service is not intended for dedicated telecommunications services and in no case is the Service intended for intensive auto-dialing, continuous, or extensive call forwarding, or dedicated telemarketing. You understand that such inappropriate use of the Service may result in immediate cancellation of your account by Halloo Communications without any penalty or liability of any kind to Halloo Communications, and that you will not be entitled to any refund in case your account is cancelled thereby.
  • If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  • You agree that if Halloo does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Halloo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Halloo’s rights and that those rights or remedies will still be available to Halloo.
  • HALLOO IS NOT A "DIAL-TONE" PROVIDER. IN THE EVENT OF AN EMERGENCY WHILE USING YOUR SERVICES, HANG UP AND DIAL "911". YOU MUST USE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL CARRIER TO MAKE A 911 CALL.

Spam Policy

As a condition of your use of the Service, you warrant to Halloo Communications that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

  • Use the Service in connection with contests, pyramid schemes, surveys, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, advertise or offer to sell or buy any goods or services for any non-personal purpose.
  • Harvest or otherwise collect information about others, including email addresses, without their consent, create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
  • Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  • Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  • Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service
  • Interfere with another member’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services.

Limitation of Liability

UNDER NO CIRCUMSTANCES IS HALLOO COMMUNICATIONS LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA, OR 3) SPECIAL, INCIDENTAL, OR DIRECT DAMAGES OR ANY ECONOMIC CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, EVEN IF HALLOO COMMUNICATIONS OR ITS SUPPLIERS ARE INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Governing Law

Both you and Halloo Communications consent to the application of the laws of San Francisco County, California, and the State of California, to govern, interpret, and enforce all of your and Halloo Communications’ rights, duties, and obligations arising from or relating in any matter to, the subject matter of this agreement, without regard to the conflict of law principals. Some jurisdictions do not allow this limitation so this may not apply to you.

Site Terms of Use

The Halloo Website www.halloo.com, my.halloo.com (the “Website” or “Site”) is a place where customers can sign-up, configure and customize their enhanced communications services (“the Services”). The Site is owned and operated by Halloo Communications, subject to your compliance with the terms and conditions set forth below. Please read this Agreement, the Service Terms of Use, and the Halloo Privacy Policy carefully before accessing or using the Site, Software and Services. Upon access and use of the Site, Software and Services you agree to be bound by all of the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Site, Software or Services. Halloo Communications may modify this Agreement or Service Terms and Conditions of Use at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Agreement on the site. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site, Software or Service shall be deemed your conclusive acceptance of the modified Agreement.

  1. Halloo Communications does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does Halloo Communications warrant any connection to or any transmission over the Internet. Halloo Communications makes no representation or warranty express or implied including but not limited to any warranty of merchantability or fitness for a particular purpose or as to the quality of the call. Use of the Services shall be in accordance with the Terms and Conditions of Use attached hereto. User agrees to be responsible for payment of all applicable charges on the undersigned’s detail report incurred as a result of the use of user’s Halloo debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. In no event will Halloo Communications be liable for any indirect, special, incidental or consequential losses or damages arising in any manner from the use of the Halloo Services.
  2. My Halloo, My Halloo Voice, My Halloo Web and other Halloo or Halloo Communications logos and audio files featured on the Site are trademarks of Halloo Communications and may not be used, duplicated or distributed without the written consent of Halloo Communications.
  3. Information on the Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Halloo Communications may also make improvements and/or changes to the Site, Software or Services at any time without notice.
  4. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Halloo Website may be copied or retransmitted unless expressly permitted by Halloo.
  5. Any links available on this Site will enable you to leave the Site. The linked sites are not under the control of Halloo, and Halloo is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. Halloo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Site. Additionally, other marks that appear on this Site may be marks of third parties that are not affiliated with Halloo. Neither Halloo Communications nor its affiliates control or endorse the content of third party websites. In no event will Halloo Communications be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or on any other hyper linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
  6. Halloo Communications cannot and does not guarantee or warrant that the files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site, Software, Services and the Internet. All Services provided by Halloo Communications are provided “as is”. Halloo Communications does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties or merchantability or fitness for a particular purpose) with regard to the Services.
  7. In no event will Halloo Communications be liable for:

    Any incidental, consequential, or indirect damages (including, but not limited to damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, Software or Services, or any transactions provided on, or hyperlinked, from the Site, even if Halloo Communications or its authorized representatives have been advised of the possibility of such damages

    Any claim attributable to errors, omissions, or other inaccuracies in the Services and/or materials or information downloaded through, or hyperlinked from, the Site.

  8. You agree to indemnify, defend and hold Halloo Communications, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site, Software or Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, or Service Terms and Conditions of Use. The provisions of this paragraph are for the benefit of Halloo and its officers, directors, employees, agents, shareholders, licensors, suppliers to the Site, Software or Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
  9. This Agreement shall be governed and construed in accordance with the laws of the State of California. You agree that in any legal action or proceeding between you and Halloo Communications for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in San Francisco, CA and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Software or Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Halloo Communications’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of this Agreement. Halloo Communications may assign its rights and duties under this Agreement to any party at any time without notice to you.
  10. All bonus and promotional minutes will expire 30 days after the relevant purchase or sign-up date. After the 30-day period, unused bonus or promotional minutes will be forfeited.

Acceptable Use Policy

This acceptable use policy (the "Policy") defines acceptable practices relating to the use of Halloo's services (the "Service") by customers of Halloo ("Customers") and by users that have gained access to the Service through Customer accounts ("Users"). By using the Service, you acknowledge that you and your Users are responsible for compliance with the Policy. You are responsible for violations of this Policy by any User that accesses the Services through your account. While it is not our intent to control or monitor online experience or the content of online communications, we may edit or remove content that we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful or offensive. The Policy applies to all aspects of the Service. "Halloo" means Halloo Communications Inc, and all of its affiliates (including direct and indirect subsidiaries and parents). "Halloo Network" includes, without limitation, Halloo's constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such transmission network. As used in this Policy, "you" refers to Customers, and any reference to "Users" is intended to encompass, as applicable, both Customers and their Users.

This Policy is designed to assist in protecting the Halloo Network, the Service, our Users and the Internet and phone community as a whole from improper and/or illegal activity over the phone network and/or the Internet, to improve Service and to improve Service offerings. In situations where data or voice communications are carried across networks of other Internet Service Providers (ISPs), carriers or phone companies, Users of the Halloo Network must also conform to the applicable acceptable use policies of such other ISPs, carriers and phone companies.

Rights of Halloo

Suspension or Termination of Service

If Users engage in conduct or a pattern of conduct, including without limitation repeated violations by a User whereby correction of individual violations does not in Halloo’s sole discretion correct a pattern of the same or similar violations, while using the Service that violates the Policy, or is otherwise illegal or improper, Halloo reserves the right to suspend and/or terminate the Service or the User's access to the Service. Halloo will generally attempt to notify you of any activity in violation of the Policy and request that the User cease such activity; however, in cases where the operation of the Halloo Network is threatened or cases involving unsolicited commercial email/SPAM, a pattern of violations, mail relaying, alteration of your source IP address information, alteration of your caller ID, denial of service attacks, illegal activities, suspected fraud in connection with the use of Service, harassment or copyright infringement, we reserve the right to suspend or terminate your Service or the User's access to the Service without notification. In addition, we may take any other appropriate action against you or a User for violations of the Policy, including repeated violations wherein correction of individual violations does not in Halloo’s sole discretion correct a pattern of the same or similar violations. Halloo reserves the right to avail itself of the safe harbor provisions of the Digital Millennium Copyright Act. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring using the Service and will have no liability to any party, including you, for any violation of the Policy.

Cooperation with Investigations

Halloo will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Halloo reserves the right to disclose customer information to the extent authorized by federal or state law. In those instances involving child pornography, Halloo complies with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.

Modifications to Policy

Halloo reserves the right to modify this Policy at any time without notice. We will attempt to notify Customers of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site. Any such modifications shall be effective and applied prospectively from the date of posting.

Filters and Service Information

We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this Policy, including devices designed to filter or terminate access to the Service. By accepting and using the Service, you consent to allowing us to collect service information and routing information in the normal course of our business, and to use such information for general business purposes.

Prohibited Uses

Illegal Activity

The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation and the Services shall in all cases be used in compliance with applicable law. Use of the Service for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, violates do-not-call legislation or wire-tapping laws, or is obscene, defamatory or otherwise unlawful.

Unauthorized Access/Interference

A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the Halloo Network. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service, the phone network or the Internet. A User may not use the Service to monitor any data, information or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.

Unsolicited Commercial Email/Spamming/Mailbombing

A User may not use the Service to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient, nor use the service to spam over phone (SPIT), solicit in violation of the do-not-call regulations or covertly record in violation of Halloo policies or wire-tapping laws. Any unsolicited commercial e-mail messages or phone calls, or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient is prohibited. In addition, "spamming" or "mailbombing" as well as "SPITting" or "voice mail bombing" is prohibited. Use of the service of another provider to send unsolicited commercial email, spam or mailbombs, SPIT or voicemailbombs, to promote a site hosted on or phone number hosted on, or site or phone number connected to the Halloo Network, is similarly prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited e-mail messages or voice mail messages. Halloo may in its sole discretion rely upon information obtained from anti-spamming organizations (including for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active "spam operation" for purposes of taking remedial action under this Policy.

Spoofing/Fraud

Users are prohibited from intentionally or negligently injecting false data into the Internet and phone network, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority or phone numbers belonging to somebody else) or incorrect DNS information or incorrect caller ID information.

A User may not attempt to send e-mail messages or transmit any electronic communications or place phone calls using a name or address or phone number of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering source IP address information, caller ID or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User's identity in connection with use of the Service is prohibited.

Complaints

Halloo receives complaints directly from Internet and phone network users, through Internet organizations, carriers, phone companies and through other parties. Halloo shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organizations, carriers or other phone companies, before taking action under this AUP. A complaint from the recipient of commercial email, or commercial phone calls, whether received directly or through an anti-spamming organization, shall be evidence that the message was unsolicited. Halloo has no obligation to forward the complaint to the User or to identify the complaining parties.

The following activities are also prohibited:

  • Intentionally transmitting files containing a computer virus or corrupted data.
  • If we have specified bandwidth or simultaneous call limitations for your user account, use of the Service shall not be in excess of those limitations.
  • Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, minute usage, or other methods to document use of Halloo's services.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to deliver unsolicited commercial email or phone calls.
  • Any activity that disrupts, degrades, harms or threatens to harm the Halloo Network or the Service.
  • Any use of another party’s electronic mail server or phone system to relay email or phone calls without express permission from such other party is prohibited.
  • Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in this Policy, may result in suspension or termination of the User’s access to or use of the Service. This listing of prohibited activities is not exhaustive and Halloo reserves the right to determine that any conduct that is or could be harmful to the Halloo Network, Halloo’s Customers, Internet users or enhanced communications users is in violation of this Policy and to exercise any or all of the remedies contained in this Policy.
Responsibilities of Customers

Users are entirely responsible for maintaining the confidentiality of password, pin and account information, as well as the security of their network. You agree immediately to notify Halloo of any unauthorized use of your account or any other breach of security known to you. If you become aware of any violation of this Policy by any person, including Users that have accessed the Service through your account, you are required to notify us.

Impending Security Event Notification

All Users of the Halloo Network are responsible for notifying Halloo immediately if they become aware of an impending event that may negatively affect the Halloo Network. This includes extortion threats that involve threat of "denial of service" attacks, unauthorized access, or other security events.

Configuration

All Users of the Halloo Network are responsible for configuring their own systems to provide the maximum possible accountability. Halloo shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Halloo. For example, Users should ensure there are clear "path" lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, Users should maintain logs of dynamically assigned IP addresses. Users of the Halloo Network are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a User's site be violated, the User is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.

Complaints

In most cases, we will notify our Customer(s) of complaints received by us regarding an alleged violation of this Policy. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. We may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications.

Privacy

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our Online Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."

Claims of Copyright Infringement

Please send any claims to the Halloo support team

Additional Terms and Conditions

The use of the Halloo Network by a Customer of Halloo is subject to the terms and conditions of any agreements entered into by such Customer and Halloo. This Policy is incorporated into such agreements by reference.

Complaints and Contact Information

Any complaints regarding prohibited use or other abuse of the Halloo Network, including violations of this Policy, should be sent to Halloo. Please include all applicable information that will assist Halloo in investigating the complaint, including all applicable headers of forwarded messages. Sites experiencing live attacks from Halloo Customers should call into our Customer Care Center (telephone 888-238-3822) to submit a complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention. If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to Halloo's support team

Privacy Policy

Summary

Because this website wants to demonstrate its commitment to your privacy, it has agreed to notify you of:

  • What personally identifiable information of yours or third party personally identifiable information that is collected from you through the website
  • The organization collecting the information
  • How the information is used
  • With whom the information may be shared
  • What choices are available to you regarding collection, use and distribution of the information
  • The kind of security procedures that are in place to protect the loss, misuse or alteration of information under Halloo Communications, Inc. control.
  • How you can correct any inaccuracies in the information. If you have questions or suggestions regarding our privacy policy, please contact us at: support@halloo.com
  • The following is our Privacy Policy. Read carefully and you will understand how we collect and use the information you give us when you sign up for our services

Registration/Information Collection

Before you begin to use our services, you will be asked to register to become a member. To complete the registration, you will need to give us some information about yourself including but not limited to your name, email address, zip code, age, and occupation. Halloo Communications is collecting this information and we retain ownership of it.

Halloo Communications sends all credit card transactions for authorization and authentication. We use Echo as a third-party intermediary.

Use of Information Halloo Communications believes that knowing more about you will enable us to serve you better. It allows us to personalize the content and services we offer you. It also permits us to target advertising for products or services to your interests and tastes. Halloo Communications uses this information internally to improve the products and services we provide to you. We may also combine it with other information about you that is available to us internally or from other sources, and we may share it with third-party marketing partners to help us improve how we serve you and to alert you to new products, services and special offers if you opt-in to our sharing your information with third parties.

One of the many services Halloo Communications can offer to you when you register is notification concerning new products and services available from Halloo Communications or from third-party marketing partners, should you opt-in to receiving these notifications.

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

These notices and offers will be targeted to your individual preferences and tastes based on the information you have provided. In addition, we may use personal information to better design our Web Site and we may share it with advertisers if you have opted in to receiving third-party advertising. These partners include companies that facilitate marketing offers, promotions, newsletters, etc.

Halloo Communications web site is protected by a firewall and other measures to safeguard your financial information and further ensure your privacy is kept intact. In addition, SSL encryption through Echo protects sensitive information such as credit card numbers and any personally identifiable information.

Correcting/Updating Your Information

You may change your Personally Identifiable Information by going to http://www.halloo.com and entering your User ID and Password either on the main page or on the page on the "Member Log-In" tab. You must have both User ID and Password to log into your account; if you don't have both, you can choose to have them e-mailed to you. Once you are logged in, you can change your information by clicking the tab marked "My Account" and choosing what information you'd like to alter.

Notification of Changes

If we are going to use your personally identifiable information in a manner different from that stated at the time of collection we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our website notifying users of the change. In some cases where we post the notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Communication

As a member of Halloo Communications My Halloo Service, besides special offers that you may receive from our partners, (if you opt to) you will receive a confirmation email with your UserID and password. You may also receive emails that help keep you informed of your account information. Emails that involve current promotions as well as newsletters to help keep you informed of our latest development are also sent sporadically.

Opting Out

Please note, you may opt out of all promotional and informative emails as well as all emails from third parties or strategic partners at any time by sending an email to: support@hallo.com. Include your email address in the subject. You can also opt out from emails in during the signup process by simply checking off the opt-out boxes.

Internet Protocol (IP) Addresses

We may collect your IP address to help diagnose problems with our server and to administrate our website. Your IP address is only used to identify you and form broad demographic information. This practice is common and even essential for most websites, as all companies find it necessary to assess their business online. We collect log files pertaining to the amount of calling activity, amount of unique users, the length of a visit, pages visited, time and day of visit, file downloads and advertising views and clicks. All of this information is collected in aggregate and is used in aggregate and not specific to a user.

Cookies

A cookie is a message given to a web browser by a web server to identify and prepare customized web pages for you. Although you can elect to not accept cookies, Use of the My Halloo products and services require the use of cookies. We use cookies to keep track of login/password information as well as your identifiable information to personalize the website as well as for resolving fraud issues pending discrepancies. If cookies are disabled, you cannot log in to www.halloo.com.

We use a third-party advertising company to display the advertisements on our website. These advertisements may contain cookies. While we use cookies in other parts of our website, cookies received with banner advertisements are collected by our third-party advertising company. This information may be used by Halloo Communications and our third-party advertising company to target advertisements to you in the future.

Halloo Communications may also collect personally identifiable information from you in the event of a contest, sweepstakes, or other type of promotion. Links and Special Relationships Our site may include links to other websites on the Internet. However, please be advised that Halloo Communications is not responsible for the privacy practice of such sites. Halloo Communications encourages you to read the privacy statements of these linked sites because their privacy practices may differ from ours. It's also important to know that Halloo Communications has several strategic partners that help us provide one or more of the services available through My Halloo. Occasionally, we will share your account information with our partners if that is necessary in the development and/or improvement of our services, if you choose to opt-in to the sharing. On a case-by-case basis, if our partners have product information that may be of interest to you we may allow them to use your information for the dissemination of product information, if you opt-in to us doing so.

Covertly Recording Telephone Conversations

Halloo Covert Recording Policy

What can I record?

You can record inbound calls to our system for any extension in a plan with an auto attendant. The auto attendant has to notify the caller that the call may be "monitored or recorded". The notice has to play before the call gets transferred to the extension. This is a requirement in some states and for interstate calls, so to make things simple, we require it for all recorded extensions.

It is not legal to record outbound calls without the consent of all parties in all of the US states, so we do not provide any recording of outbound calls that you make to others.

The law is fairly complicated and differs from state to state. If any state changes their law to be stricter than the requirements above, then Halloo reserves the right to change our requirement without notice.

Halloo Spam Policy

What is Spam?

“Spam” is unwanted email, sent to people with whom you have no relationship or to people who have not specifically requested such communication. Certain types of newsgroup postings and mailing list messages can also be classified as spam, and are also prohibited by this policy. Junk email is a serious problem, and Halloo has zero tolerance for it.

Halloo Communications Does Not Condone Spam

Please do not send spam on behalf of Halloo. Complaints regarding spam will be dealt with seriously, and may result in the loss of referral credits, or even the cancellation of your account without refund. Halloo Communications will be the sole arbiter as to what constitutes a violation of this policy.

Report Spam to Halloo

If you have received unsolicited email concerning Halloo Communications and its services, please forward the offending message, including all mail headers, to support@halloo.com. Include a note letting us know that the message is spam, and that you did not specifically request to receive the information from the sender.

Upon receipt of a spam complaint, Halloo will remove your email address from our own sales-related communications list, and follow up with the offending sender for further disciplinary action.