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.
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.
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:
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.
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.
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 [email protected]
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 [email protected]
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:
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.
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.
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.
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:
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.
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.
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.
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.
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.
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:
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
Please send any claims to the Halloo support teamAdditional 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
Because this website wants to demonstrate its commitment to your privacy, it has agreed to notify you of:
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.
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.
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.
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.
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: [email protected] 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.
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.
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.
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.
“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.
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.
If you have received unsolicited email concerning Halloo Communications and its services, please forward the offending message, including all mail headers, to [email protected] 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.