Collection of Customer Information
NHC may collect personally identifiable information (“PII”), such as: your first and last name, billing and shipping addresses, and email address; PII you provide about yourself when you send us an e-mail or otherwise contact use through the Services and/or Site; credit card, bank account or other account information related to financial accounts used in connection with the services. This information is used to complete the purchase transaction. We also collect Customer Proprietary Network Information (“CPNI”). CPNI is information that relates to the quantity, technical configuration, type, destination, location and amount of use of the telecommunications services provided by NHC to you.
We may gather non-personally identifiable information (“Non-PII”). Non-PII is data that alone is not intended to allow us to identify you personally, such as just your first name, zip code, or demographic information. Sometimes NHC will aggregate and/or anonymize PII so that it becomes non-personal information and is not intended to be used to personally identify you.
Information about your computer hardware and software may be automatically and passively collected by NHC and our third party partners. This information can include: your IP address associated with whatever computer or device you use to our services or this website, browser type, domain names, access times, website pages visited, referring website addresses, and similar data. This information is used in the aggregate and not in a manner that is intended to identify you personally for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the NHC website, our on line tools and overall communications services. If we collect this information, it will be done passively through the use of certain electronic technologies, such as cookies, web beacons, pixels, and clear GIFs (and similar technologies).
We and our advertising partners may use “cookies.” When you use the website or the services, small pieces of data, referred to as “cookies,” may be downloaded to the computer or device you use to access the website or use the services. Cookies are small pieces of information that are stored by your browser, computer, and device. These cookies do not contain any PII and are not intended to collect PII, but may be used to deliver content specific to your interests and for other purposes, such as security, analytics, network management and administrative functions. Cookies may be used to store preferences for certain types of information so that such information does not have to be repeatedly entered with each visit to the website or each use of the services. Most web browsers automatically accept cookies, but users usually can change your browser settings to limit or prevent cookies. Cookies in themselves do not personally identify the individual user, but rather the computer or Device that is being used to access our Site or in connection with our services. You may have the opportunity to set your computers or other devices to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time. Different browsers may address cookies differently. If you set your browser to not accept cookies, it may result in certain personalized services not being provided to you when using that computer or Device.
Web beacons, Pixels and Clear GIFs: We and our advertising partners may use web beacons, pixels and clear GIFs. These electronic technologies are transparent image files that, if used, allow us and our advertising partners to track website usage information, such as the number of times a given web page has been viewed and whether and when you have opened an email, how many times the email was forwarded and which links in the email were clicked. Unlike cookies, these technologies are not placed on your computers or devices. Instead, these technologies are included in a particular type of media, like an email. This information helps us to improve our services and the website and helps our advertising partners by measuring the effectiveness of these communications with you. These technologies may be used in association with cookies to understand how visitors interact with our services or the website or advertisements made by our advertising partners
NHC encourages you to review the privacy statements of websites you choose to link to from NHC so that you can understand how those websites collect, use and share your information. NHC is not responsible for the privacy statements or other content on websites outside of the NHC website.
Use of Customer Information
NHC collects and uses PII and non-PII to operate its website(s) and deliver the services you have requested.
NHC may also use PII and/or CPNI to inform you of other products or services available from NHC and its affiliates. NHC may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
NHC does not sell, rent or lease PII to third parties. CPNI is only used and disclosed as described in this Policy, in accordance with relevant law and Federal Communications Commission’s regulations, as well as in the ways you allow us to use and disclose such information.
NHC may share PII and/or CPNI with trusted partners that assist NHC in providing services to you, for fraud detection and prevention, to perform billing or collection activities, to help perform statistical analysis, send you non-marketing-related email or postal mail, provide customer support, arrange for deliveries, or as otherwise allowed by law. All such third parties are prohibited from using your PII or CPNI except to provide these services to NHC, and they are required to maintain the confidentiality of your information.
Aside from disclosures described immediately above, NHC will disclose, without notice, PII and/or CPNI only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on NHC or the website; (b) protect and defend the rights or property of NHC; (c) act under exigent circumstances to protect the personal safety of users of NHC, or the public. Additionally, certain information, including PII, CPNI (if allowed by relevant law and regulation) and non-PII, may be disclosed as part of any merger, acquisition, sale of company assets or transition of service to another provider. In the unlikely event of an insolvency, bankruptcy or receivership, this information also may be transferred as a business asset. If NHC is involved in a transition of service to another provider, merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a conspicuous notice on the website, which will include any choices you may have concerning such information.
NHC may keep track of the websites and pages our users visit within NHC, in order to determine what NHC services are the most popular. This data is used to deliver customized content and advertising within NHC to customers whose behavior indicates that they are interested in a particular subject area. For more information, please refer to the “Tailored Advertising” section of this Policy.
The services or any NHC websites may include third-party tailored advertising technology which enables customized advertising to be delivered through the services or the relevant websites and replaced while users are online. We do not share PII or CPNI with these third parties; however, when users utilize the services or the relevant website, we or third parties operating the advertisement serving technology may use non-PII that is collected when users utilize the services or the websites to ensure that appropriate advertising is presented and to perform analytics concerning users’ use of the services or the relevant website and other websites tracked by these third parties. These technologies also may control the number of times users see a given ad, deliver ads that relate to users’ interests and measure the effectiveness of ad campaigns. Logged and/or collected data may include (but is not limited to) IP address, unique device I.D., browser identifiers, session information, browser cookies, device make and model, carrier provider, carrier user ID, location information, sites visited, clicks on advertisements, advertisement(s) served, length of time an advertisement was visible, size of the advertisement, advertisement response (if any), and general online and Application-specific usage data and usage metrics.
Any of this information that is collected and used by NHC will be subject to this Policy and may be disclosed to third parties in a manner that is not intended to identify users personally. To the extent any of this information or information concerning the location of users’ devices or computer is collected by third parties and not by NHC, you acknowledge and agree, for yourself and any users associated with your account, that such collection and use is governed by those third parties’ privacy policies and NHC is not responsible for any electronic technologies in third party advertisements..
Please note that to the extent advertising technology is integrated into an application provided by NHC or a third party, users may still receive advertisements even if you opt-out of tailored advertising. In that case, the advertising will just not be tailored to users’ interests.
Security of Customer Information
NHC secures PII and CPNI from unauthorized access, use or disclosure. We maintain a variety of commercially reasonable safeguards designed to protect PII and CPNI from unauthorized access and disclosure. For example, we use industry accepted tools and techniques to protect against unauthorized access to our systems. However, NHC has no control over the security of other websites or applications that you might visit or use even when a link to those websites or applications is available through the services or this website. If you share your computer or device or use a computer or wireless device that is accessed by the general public, remember to sign off and close your computer or device when you have finished your session. This will help to ensure that others cannot access your PII, CPNI and other information.
Please keep in mind that no system can be completely secure. While we take commercially reasonable steps to secure and protect your PII and CPNI, we do not promise, and you should not expect, that this information or other communications always will remain secure. In the event of a breach of the confidentiality or security of your PII and CPNI, we will notify you so that you can take appropriate protective steps in accordance with relevant law. We may notify you under such circumstances using the e-mail address we have on record for you. You should also take care with how you handle and disclose your PII and CPNI.
The Services and this Website Are Not Intended for Persons under the Age of 13
NHC services and its website(s) are not intended for persons under the age of 13. NHC does not knowingly market to, or solicit information, accept service or collect information from any person under the age of 13. If NHC becomes aware that any person submitting information in connection with the services or any of its websites is under the age of 13, we will attempt to delete the account and any related information as soon as possible. We require that only persons 13 years of age or older use the services and any websites. By using the services and any NHC websites, you hereby represent that you are at least 13 years old. Any ratings for the services or any websites provided by a third party shall have no bearing on this limitation.
Your California Privacy Rights
To the extent that we share the personal information of any California consumers with any third parties for direct marketing purposes, you are entitled to request the identity of such third parties along with the type of personal information disclosed within the previous calendar year. At this time, NHC is not sharing California consumers’ personal information with any third parties for direct marketing purposes.
Do Not Track
“Do Not Track” is a privacy feature that users can enable in a variety of web browsing software. When enabled, your browser sends a signal to web sites, analytics companies, ad networks, plug in providers and other web services you encounter while browsing. Currently, there is no industry standard practice as to how websites should interpret a Do Not Track signal. We do not change our practices when we receive a “Do Not Track” signal. For more information concerning “Do Not Track” generally, please visit: http://allaboutdnt.com/ Note that the information contained on this website is provided by a third party with which we have no affiliation.
Users from Outside the United States
The services and any NHC websites are hosted in the United States and are governed exclusively by United States law. If you are visiting any NHC websites or using the services from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as or may vary from those in your country. By using any NHC websites or services, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Policy.
New Horizon Communications Privacy Office:
420 Bedford Street Suite 250
Lexington MA, 02420
Attn: Glen Nelson
Changes to this Statement
No Third Party Beneficiaries
This Policy does not create rights enforceable by third parties.
Effective as of January 28, 2016
We will provide any authorized credit card refunds directly to your account with New Horizon Communications. If you wish to have a credit card refund directed to your credit card account instead, you must notify us if writing and we will credit your credit card account. We reserve the right in such circumstances to issue you a cash refund instead of crediting your credit card account.
Unlike in the area of regulated common carrier services, certain activities of Customers and Users of, Internet services, including Hosting (collectively referred to herein as “IP related Services”) may expose providers of those Services, such as NHC and its underlying carriers, to claims of civil or criminal liability or other legal sanctions. These activities may also disrupt or degrade NHC’s IP related Services and those of its underlying carriers. Moreover, because of various conventions used in the industry (including blocking, filtering and blacklisting) these activities may impair NHC’s ability to interconnect with other IP related service providers. These activities may relate to the content stored by Customers or Users, to content of the messages transmitted by Customers or Users or to the nature of the transmissions themselves such as sending large numbers of unsolicited messages (spam).
While NHC does not normally monitor the stored content or transmissions of its Customers, we must be able to respond to complaints by governmental authorities, affected parties, other Internet Service Providers and its ISP underlying carriers. NHC has adopted this “Acceptable Use Policy” (“AUP”) in an attempt to balance interference or risk of harm arising from its Customers’ use of NHC’s IP related Services with the interests of those who may be affected by such use. Because the rules in this area are in a state of development, this AUP may change from time to time; any such changes will be posted at this site and shall be applied prospectively only.
newVoice Flat Rate Usage Plans are designed for typical day to day business voice use only. NHC reserves the right to cap, change or terminate the customer’s flat rate plan if it is determined that the customer is using the flat rate plan excessively. NHC reserves the right, in its sole discretion, to determine what constitutes excessive use of its flat rate plan. One metric that NHC may use to determine excessive use is comparing customer’s usage to average use of similarly-situated customers and analyzing whether customer’s use departs from such averages. But NHC reserves the right to use other methodologies or combinations of methodologies to determine whether customer’s usage is excessive.
New Horizon’s newVoice usage plans and rates are based on typical business use operating with an equal mix of inbound (non–toll free) and outbound calling. NHC reserves the right, in its sole discretion, to cap, to change or to terminate the customer’s existing newVoice usage plan if it is determined that the customer is receiving an excessive amount of inbound calls relative to its outbound usage or if customer’s usage of the newVoice plan is otherwise determined by NHC in its sole discretion to deviate from typical business usage.
Unlawful or Unacceptable Use of the AUP IP-Related Services
We do not exercise editorial control over the content of any website, electronic mail transmission, or other material created or accessible over or through the services. NHC prohibits the use of AUP IP-related services by you or any other parties that you may allow to use the AUP IP-related services, for unlawful purposes or for purposes that NHC finds unacceptable in its sole discretion. NHC’s provision of IP-related services constitutes an “interactive computing service” as defined in 47 U.S.C. §230(f)(2). NHC reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the AUP websites. You may not transmit, post, receive, or use services to access, in any manner, certain material, which includes but is not limited to the following: threatening, abusive, libelous, defamatory, obscene, pornographic, profane, harmful to minors in any way or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offense or civil liability, that constitutes racism or hate speech, or otherwise violate any local, state, national or international laws or regulations. Additionally, you may not (i) transmit any information or software which contains a virus, worm, Trojan Horse, or other harmful component; (ii) transmit any information, software or other material that is protected by copyright or other proprietary right (including trade secret materials), or derivative works thereof, without obtaining permission of the copyright owner or right holder; (iii) transmit any bulk e-mail, whether or not solicited; (iv) transmit any unsolicited bulk e-mail (also known as “spam”); or (iv) use the services or websites in a manner that interferes with others using the services or websites. You agree to indemnify NHC and hold NHC harmless from any and all claims, damages, losses, and expenses (including attorneys’ fees and expenses) resulting from or allegedly resulting from your use of NHC’s IP-related services whether or not such use is found to be in violation of any statute, rule or regulation. IF YOU VIOLATE THIS ACCEPTABLE USE POLICY, YOUR SERVICES MAY BE SUSPENDED OR TERMINATED WITHOUT NOTICE, AND WITHOUT A REFUND, AT THE SOLE DISCRETION OF NHC. IF SERVICES ARE TERMINATED, EARLY TERMINATION CHARGES MAY APPLY.
In addition to the above, use of the services or websites as identified below or in furtherance of such activities is prohibited:
Spam/E-mail/Usenet Abuse is prohibited on NHC IP related Services. Examples of Spam/E-mail/Usenet Abuse include but are not limited to the following activities:
Using another site’s mail server to relay mail without the express permission of the site
Using IP addresses that the Customer does not have a right to use
Collecting the responses from unsolicited electronic messages
Maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages
Sending electronic messages with petitions for signatures, or any chain mail related materials
Sending unsolicited electronic messages with charity requests
Sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the NHC IP related Services or the Internet (e.g., through language, frequency, size or otherwise)
Sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender
Sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header
Distributing or using software designed to promote the sending of unsolicited bulk electronic messages
Using distribution lists containing addresses that include those who have opted out
Posting a single message, or messages similar in content, that could reasonably be expected to provoke complaints, to more than 10 online forums or newsgroups
Posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information
Sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the NHC network or of the networks with which NHC interconnects
Customers are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. Examples of failure to provide basic security include but are not limited to improperly securing a mail server so that it may be used by others to distribute Spam and improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse.
NHC Services may not be used to interfere with, to gain unauthorized access to or otherwise violate the security of NHC’s or another’s server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of Security Violations include but are not limited to:
Intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses
Attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data (except in the case of authorized legitimate network security operations)
Using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication
Distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations)
Falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin
Distributing viruses, worms, Trojan horses or other harmful software
When feasible, NHC shall provide Customers with written notice via e-mail or otherwise of an AUP violation so that such violation may be corrected without impact on service. NHC reserves the right, however, to act immediately and without notice to suspend or terminate service in response to a court order or government notice that certain conduct must be stopped or when NHC reasonably determines (1) that it may be exposed to sanctions or prosecution, (2) that such violation may cause harm to or interfere with the integrity or normal operations or security of NHC’s network or networks with which NHC is interconnected or interfere with another Customer’s use of NHC Services or the Internet; (3) that such violation otherwise presents imminent risk of harm to NHC or NHC’s Customers or their respective employees. In other situations, NHC will use reasonable efforts to provide, at least five (5) business days’ notice before suspending or terminating service.
No Control Over Content Accessed through the use of NHC’s IP-Related Services
NHC provides access to content that are available over the Internet in various types of media. NHC does not screen in advance any specific information available over the Internet. NHC reserves the right (but does not assume the responsibility) to block or limit access to general categories of content that NHC deems in its sole discretion to be harmful, offensive, or otherwise in violation of this NHC Acceptable Use Policy. NHC shall have no liability for any action or inaction with respect to content received over the Internet. It is your responsibility to control access to information that you might find unsuitable. This includes controlling access by minors through your account. By signing up for the NHC Service you acknowledge receiving this warning and will not hold NHC responsible for language, opinions, discussions or graphics which may be viewed on the Internet. NHC has no obligation to monitor the Internet or any service offered via the Internet, including a NHC Service; however, you agree that NHC has the right to monitor electronically, from time to time, and to disclose any information as NHC in its sole discretion deems necessary to satisfy any law, to operate its Services properly, or to protect itself or its subscribers.
NHC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. NHC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NHC WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY THE CUSTOMER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, FAILURE TO DELIVER, MISTAKEN DELIVERIES OR SERVICE INTERRUPTIONS. THE USE OF ANY INFORMATION OBTAINED THROUGH THE NHC SERVICES IS AT YOUR OWN RISK. NHC MAKES NO WARRANTY AS TO THE CONTENT OR ACCURACY OF THE INFORMATION. NHC IS NOT LIABLE FOR ANY CLAIMS RESULTING FROM ANY FAILURE OR INTERRUPTION OF THE SERVICES.
IP Addresses Used in Connection with IP-Related Services
As a user of the NHC Internet Service, you may be assigned IP addresses. These addresses are controlled by NHC and may be provided to you during the time that you use the NHC Internet Service. Any IP addresses assigned to you are controlled by NHC and are not transferable to any other party. You will not be allowed to maintain these IP addresses if you discontinue your use of the NHC Internet Service. IMPORTANT NOTE: IF YOU VIOLATE THIS ACCEPTABLE USE POLICY, YOUR ACCOUNT MAY BE SUSPENDED OR TERMINATED WITHOUT NOTICE, AND WITHOUT A REFUND, AT THE SOLE DISCRETION OF NHC.
Any complaints regarding the violation of this AUP by an NHC Customer or User should be directed to firstname.lastname@example.org. Where possible, include details that would assist NHC in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
NHC reserves the right to modify this Acceptable Use Policy from time to time, which shall become effective upon posting to the NHC Web site or its successor site. Continued use of an NHC Service constitutes acceptance of modifications made to this Acceptable Use Policy. In addition to any other available remedies, NHC may suspend your access to and/or terminate your account without refund for any NHC Service immediately and without notice if you engage in any conduct or activities that NHC, in its sole discretion, believes are in violation of this Acceptable Use Policy. If you engage in any activities which cause damage to NHC, its customers, or its suppliers, NHC reserves the right to pursue a claim against you, including, but not limited to, a claim for monetary damages to address economic losses that may occur. Nothing contained in this Acceptable Use Policy shall be construed to limit the rights and remedies of NHC, and NHC hereby reserves all such rights and remedies which may be available to it at law or in equity.
In the event that any portion of this Acceptable Use Policy is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Any failure by NHC to insist upon or enforce strict performance of any provision of this Acceptable Use Policy shall not be construed as a waiver of any provision or right. This Acceptable Use Policy shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the NHC 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. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ACCEPTABLE USE POLICY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Effective as of January 28, 2016
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