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THISNUMBER.COM is an Internet service operated by Norman
Linton Properties ("Us/ we/ our") that makes it easy for you to give out your
email address by using your phone number.
These Terms of Use constitute a legal agreement
between you and us. You must accept without modification all of the
terms, conditions, and notices contained in these Terms of Use in order to
access and use THISNUMBER.COM. If you do not accept these Terms
of Use in their entirety, you may not access or use THISNUMBER.COM
Services.
HOW SERVICE IS USED
You forward the emails you receive to the email address you used when
signing up.
You may create one THISNUMBER.COM email address for every phone number
and/or phone number with extension you own. This includes cell phone
numbers, pager numbers and fax numbers. If the phone numbers are
business numbers you may only create a
THISNUMBER.COM email address with the permission of
the owner of the phone number.
If your phone number changes and the number you have
registered with us ceases to be a valid phone number for you, we reserve the
right to cancel your registration and user account, while we will attempt to
give you notice of this, we are not obliged to do so. You are welcome of
course to create a new account with your new phone number, and it only makes
sense for you to do this.
We will also close your account without notice if the email address you have
chosen to forward to becomes or is invalid or otherwise results in bounced
email back to us. Please make sure you check your email regularly.
The owner of the phone number may at any time require that the
THISNUMBER.COM email address be changed, forwarded
to a different email address or canceled altogether. We will require proof
of ownership of such a phone number, such as a faxed copy of a phone bill.
Please fax it to 1-206-666-1880.
SPAM
You may not use your
THISNUMBER.COM email address to send SPAM /
unsolicited commercial email or show it as a return address in any such SPAM
or unsolicited commercial email. If you do, we will close your account
without notice and reserve the right to take further legal action.
Your email will forward to your chosen email address, we do not keep any
copies of emails that you are sent.
MODIFICATION OF THESE TERMS OF USE
We may wish to update or change the terms,
conditions, and notices for the THISNUMBER.COM Services from time to time to
reflect changes in the Services, changes in the laws affecting the Services,
or for other good reasons. You understand that we reserve the right
to make these changes and that you are responsible for regularly reviewing
these terms, conditions, and notices. Continued access to or use of the
THISNUMBER.COM Services after any such change shall constitute your consent to
such change. Unless explicitly stated otherwise, any new features that
change or improve the THISNUMBER.COM Services shall be subject to the Terms
of Use, as modified from time to time.
PERSONAL AND COMMERCIAL USE LIMITATION
You may use the THISNUMBER.COM Services for your
own personal or for commercial purposes. You may
not use any software or hardware that reduces the number of users directly
accessing or using the THISNUMBER.COM Services (sometimes called
"multiplexing" or "pooling" software or hardware).
You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services that are
part of the THISNUMBER.COM Services except as expressly provided in these
Terms of Use.
CAN SPAM ACT To the extent
you utilize this service to email, identify and/or aggregate potential
consumers, you agree to comply with all provisions of the Federal CAN SPAM
legislation enacted on January 1, 2004, and any updates, changes and/or
modifications to this Act (“Controlling the Assault of Non Solicited Pornography
and Marketing Act of 2003”.) Your non-compliance with this Act is grounds for
immediate termination of your account without compensation or refund.
You will defend, indemnify and
hold harmless us, officers, directors, employees, agents and affiliates against
any third party claim or penalty, to the extent arising out of or in connection
with your e-mailing practices. Affiliate shall pay any award against us and/or
its affiliates and any costs and attorneys’ fees reasonably incurred by us
and our family of companies resulting from any such claim as a result of the
your non-compliance with aforementioned legislation.
PRIVACY AND PERSONAL INFORMATION
In consideration of your use of the THISNUMBER.COM Service, you represent
that you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by our
registration form and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or
incomplete, or we have reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
We agree that it will only use your personal
information in accordance with the terms of this agreement.
You are responsible for maintaining the
confidentiality of your account information. Furthermore, you
are responsible for all activities that occur in your account and you agree
to notify us immediately of any unauthorized use of your account.
We are not responsible for any loss that you may incur as a result of
any unauthorized person using your account.
LINKS TO THIRD-PARTY SITES
The Web pages that are part of the THISNUMBER.COM
Services may contain links to other Web sites ("Linked Sites"). The Linked
Sites are not under our control and we are not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to
a Linked Site. We are not responsible for webcasting or any other form
of transmission received from any Linked Site, nor are we responsible
if the Linked Site is not working appropriately. We are providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by us of the site or any association with its
operators. You are responsible for viewing and abiding by the privacy
statements and terms of use posted at the Linked Sites.
You are solely responsible for any dealings with
third parties (including advertisers) who support the THISNUMBER.COM Services
or are identified in the Web pages that are part of the THISNUMBER.COM
Services, including the delivery of and payment for goods and services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the THISNUMBER.COM
Services, you agree that you will not use the THISNUMBER.COM Services for any
purpose that is unlawful or contrary to these Terms of Use. You also may not
use the THISNUMBER.COM Services in any manner that could damage, disable,
overburden, or impair the THISNUMBER.COM Services or interfere with any other
party's use and enjoyment of them. You may not attempt to gain unauthorized
access to any THISNUMBER.COM account, computer systems or networks associated
with the THISNUMBER.COM Services. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available
or provided for through the THISNUMBER.COM Services.
TERMS OF USE FOR
THISNUMBER.COM PARTICIPATING
SITES AND SERVICES
These Terms of Use apply to you whenever you access
or use any THISNUMBER.COM Services. When you use the THISNUMBER.COM Services
to gain access to any THISNUMBER.COM participating site or service, the terms
and conditions associated with that site or service may also apply to you.
Please refer to the applicable terms of use associated with each
participating site or service that you visit.
OUR RIGHT TO USE FEEDBACK OR SUGGESTIONS
YOU SUBMIT
We want your voluntary feedback and
suggestions on the THISNUMBER.COM Services so that we can continually improve
the services for you and other customers. When you submit feedback and
suggestions, please understand that we need to have full rights to
use your feedback and suggestions without any encumbrances. In particular,
you should understand that by submitting any feedback or suggestions to
us concerning the THISNUMBER.COM Services, you warrant and represent
that you own or otherwise control the rights necessary to do so and you are
granting us and its affiliated companies permission to:
- Use, modify, copy, distribute, transmit,
publicly display, publicly perform, reproduce, publish, sublicense, create
derivative works from, transfer, or sell any such feedback or suggestions;
and
- Sublicense to third parties the unrestricted
right to exercise any of the foregoing rights granted with respect to the
feedback or suggestions.
These grants include the right to exploit any
proprietary rights in such feedback or suggestions, including rights under
copyright, trademark, service mark or patent laws in any relevant
jurisdiction. No compensation will be paid with respect to our use
of the materials contained within such feedback or suggestions. We are
under no obligation to post or use any materials you may provide and may
remove such materials at any time at our sole discretion.
This section is not applicable to any personally
identifiable information that you provide in connection with your
registration for the THISNUMBER.COM Services, see below.
This section also is not applicable to any
documents, information, or other data that you upload, transmit or otherwise
submit to or through any THISNUMBER.COM participating sites and services.
Please refer to the terms and conditions for such THISNUMBER.COM
participating sites and services to determine the rights of the Web site or
service provider to such documents, information and/or data.
SOFTWARE AND CONTENT AVAILABLE ON THE
THISNUMBER.COM SERVICES
All content and software (if any) that is made
available to view and/or download from the Web pages that are part of the
THISNUMBER.COM Services ("Software") is owned by and is the copyrighted work
of us and/or our suppliers. Your use of the Software is governed by
the terms of the license agreement, if any, that accompanies or is included
with the Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement unless you
first agree to the License Agreement terms. For any Software not accompanied
by a license agreement, we hereby grant you, the user, a
personal, non-transferable license to use the Software for viewing and
otherwise using the THISNUMBER.COM Services in accordance with these Terms of
Use, and for no other purpose provided that you keep intact all copyright
and other proprietary notices. All Software is owned by us and/or our
suppliers and is protected by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any
accompanying documentation and/or technical information, is subject to
applicable export control laws and regulations of the United States of
America. You agree not to export or re-export the Software, directly or
indirectly, to any countries that are subject to United States of America
export restrictions.
LIABILITY DISCLAIMER
WE AND/OR OUR RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES,
AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE THISNUMBER.COM
SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. WE AND/OR OUR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES,
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE THISNUMBER.COM SERVICES,
WITH THE DELAY OR INABILITY TO USE THE THISNUMBER.COM SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, OR SERVICES OBTAINED THROUGH THE THISNUMBER.COM SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF THE THISNUMBER.COM SERVICES, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF
WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE THISNUMBER.COM SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE THISNUMBER.COM SERVICES.
CUSTOMER SUPPORT
We provides information about how to use the
THISNUMBER.COM Services on the Web pages that are part of the Services. If
you have any questions about the THISNUMBER.COM Services or any problems that
you would like to report, please visit our Frequently Asked Questions page, which you access from
the top bar or, if you cannot find the
answers there
TERMINATION AND RESTRICTION OF ACCESS
We reserve the right, in its sole
discretion, to terminate your access to the THISNUMBER.COM Services or any
portion thereof at any time, without notice.
We may also terminate or suspend your access to the
THISNUMBER.COM for inactivity, which is defined as failing to use the
Services for more than one year. While your right to use the THISNUMBER.COM
Services immediately ceases on termination of your THISNUMBER.COM account,
you may re-open your account at any time thereafter.
GENERAL
These Terms of Use are governed by the laws of the
State of Florida, U.S.A. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Pinellas County, Florida, U.S.A. in all
disputes arising out of or relating to the use of the THISNUMBER.COM
Services. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and us as a result of these Terms of
Use or use of the THISNUMBER.COM Services.
We may assign these Terms of Use, in whole or
in part, at any time. Our performance of this agreement is subject
to existing laws and legal process, and nothing contained in these Terms of
Use is in derogation of our right to comply with governmental, court, and
law enforcement requests or requirements relating to your use of the
THISNUMBER.COM Services or information provided to or gathered by us with
respect to such use. You agree to indemnify and hold us, our parents,
subsidiaries, affiliates, officers, and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any
third party due to or arising out of your use of or conduct on the
THISNUMBER.COM Services. If any part of these Terms of Use are determined to
be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of
the original provision and the remainder of these Terms of Use shall
continue in effect. These Terms of Use, including the documents expressly
incorporated by reference above, constitute the entire agreement between you
and us with respect to the THISNUMBER.COM Services and such agreements
supersede all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and us with respect to the
THISNUMBER.COM Services. A printed version of these Terms of Use and of any
notices given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
INTELLECTUAL PROPERTY NOTICES
All contents of the THISNUMBER.COM Web Site are:
Copyright © 2003 by the Norman Linton Properties, Norman Linton and/or their
suppliers, c/o Norman Linton Properties, 4905 34th Street South #5600, St.
Petersburg FL 33711-4511 U.S.A. All rights reserved.
We may have patents, patent applications,
trademarks, copyrights, or other intellectual property rights covering
subject matter in the THISNUMBER.COM web site, including the Web pages that
are part of the THISNUMBER.COM Services. Except as expressly provided in
these Terms of Use, the provision of the THISNUMBER.COM Services and the
furnishing of such Web pages to you does not give you any license to these
patents, trademarks, copyrights, or other intellectual property. Any rights
not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement should be sent to
Norman Linton Properties, 4905 34th Street South #5600, St. Petersburg FL
33711-4511 U.S.A. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
THISNUMBER.COM'S COLLECTION OF PERSONAL
INFORMATION
As described in greater detail below, we collect and
process personal information for two primary reasons: (1) to operate an
authentication service, (2) to improve security and provide customer support for
your THISNUMBER.COM
account.
What Information Is Collected by
THISNUMBER.COM
When you register for a
THISNUMBER.COM account,
you will be asked to provide certain personal information that will be stored in
the THISNUMBER.COM
"profile."
The THISNUMBER.COM
profile contains, at most, the following information: (1) e-mail address, (2)
phone number.
Your phone number will obviously be known as this become your email address.
All of the information you provide during registration
at a participating site may be stored by that site. However, the information
described above is the most that
THISNUMBER.COM stores.
THISNUMBER.COM'S USE OF YOUR PERSONAL INFORMATION
How
THISNUMBER.COM
Will Not Use Your Personal Information
THISNUMBER.COM will not sell or rent your personal
information to third parties.
THISNUMBER.COM will not use or share your personal
information in a manner that differs from what is described in this Privacy
Statement without your prior consent.
How
THISNUMBER.COM
Uses Your Personal Information
THISNUMBER.COM uses
your personal information for the operation and maintenance of your
THISNUMBER.COM
account and the
THISNUMBER.COM
Service.
For example,
THISNUMBER.COM may
use your e-mail address to send you a welcome e-mail message when you first
register informing you about the service.
THISNUMBER.COM may
also send you e-mail about periodic service or recommended security updates or
surveys related to the
THISNUMBER.COM
Service. These periodic e-mails are considered essential to the provision of the
service you have requested. You cannot unsubscribe from these mailings. You may,
however, choose not to participate in the surveys.
THISNUMBER.COM'S GENERAL DISCLOSURE OF PERSONAL
INFORMATION
THISNUMBER.COM may
disclose personal information if required to do so by law or in the good-faith
belief that such action is necessary to: (a) conform to legal requirements or
comply with legal process served on us; (b) protect and defend the rights or
property of us,
THISNUMBER.COM, or
THISNUMBER.COM
participating sites or services; or (c) act under exigent circumstances to
protect the personal safety of users of the
THISNUMBER.COM
Service, or the public.
USE OF COOKIES
THISNUMBER.COM does not use cookies.
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