Abuwala & Company (DBA: Orbytel Group)

Acceptable Use Policy

Last revised: March 2, 2017

This Acceptable Use Policy (“AUP”) of Abuwala & Company, LLC (“Abuwala”) sets forth guidelines for acceptable use of Abuwala’s web sites (www.abuwala.com, www.harmony.orbytelgroup.com. www.orbytelgroup.com, and www.harmony.orbytelgroup.com/mobile) (collectively the “Website”) and its services, software and products made available through or with the use of the Website”Abuwala Services,” together with the Website, the “Abuwala Website and Services”) by our customers and other users of the Abuwala Website and Services (each, a “Customer”). This list is not meant to be exhaustive, but merely illustrative of examples of conduct deemed by Abuwala to be inappropriate, improper or harmful to Abuwala’s reputation, Website or Services and therefore prohibited when using the Abuwala Website and Services. The guidelines and restrictions in this AUP on use of the Abuwala Website and Services by a Customer shall apply equally to the Customer’s employees, agents, or contractors and any other person or entity that is provided access to the Abuwala Website and/or Services directly or indirectly by the Customer (collectively, “Users”). By using the Abuwala Website and Services, Customer acknowledges that it has read, understood and agrees to comply with the terms of this AUP. Customer shall (i) ensure that its Users comply with this AUP and (ii) be responsible for violations of this AUP by Customer and/or its Users.

General Conduct 

Customer must use the Abuwala Website and Services in a manner consistent with the permitted use of such Abuwala Website and Services. Unless otherwise expressly permitted in writing by Abuwala, Customer may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party to the Abuwala Website or Services, or use the Abuwala Website or Services with or for the benefit of any third party. Customer may only use the Abuwala Website and Services for lawful purposes and in accordance with this AUP.

Responsibility for Content 

Abuwala takes no responsibility for any Customer or User content created, accessible or delivered on or through the Abuwala Website and Services. Abuwala does not monitor or exercise any editorial control over such content. Customer is solely responsible for (i) any content published or made available through the Abuwala Website or Services by Customer and its Users and (ii) compliance with all laws applicable to the publication and distribution of such content. Customer shall be solely responsible for maintaining a copy of its content.

Inappropriate and Illegal Content 

Customer shall not use the Abuwala Website and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Abuwala, or material that is illegal, defamatory, libelous, indecent, obscene, pornographic, enables online gambling or is inconsistent with the generally accepted practices of the Internet community. Customer shall ensure that its and its Users’ use of the Abuwala Website and Services and all content transmitted, distributed or stored on the Abuwala Website do not violate any applicable domestic or foreign laws or regulations including but not limited to laws relating to content distribution, encryption or export or any rights of any third party. Customer shall not use the Abuwala Website and Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Abuwala Website and Services, any other network or equipment, website, or other Users (including third parties).

Intellectual Property 

Customer shall not use the Abuwala Website and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. If Customer uses a domain name in connection with its use of the Abuwala Website and Services, such domain name must not violate any trademark, service mark, or other rights of any third party.

Fraudulent/Misleading Content 

Customer shall not use the Abuwala Website and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

E-mail and Spam 

Customer shall not use the Abuwala Website and Services to send unsolicited e-mail or other electronic messages or postings, including, without limitation, bulk commercial advertising or informational announcements (“spam”). Further, Customer is prohibited from using the service of another provider to send spam or to otherwise promote a site hosted on or connected to the Abuwala Website. In addition, Customer shall not use the Abuwala Website and Services to (a) send e-mail or other electronic messages or postings which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail or other electronic messages or postings to a recipient who has indicated that he/she does not wish to receive them, (c) send e-mail or other electronic messages or postings with forged header information, or (d) send malicious e-mail or other electronic messages or postings, including, without limitation, “mailbombing.” Abuwala reserves the right to charge Customer at Abuwala’s standard rates for time or legal services required to handle any complaints that Customer or User violate this E-mail and Spam section.

Security Violations 

Customer is prohibited from violating or attempting to violate the security of the Abuwala Website and Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: (a) accessing data, servers, accounts, databases, etc. which such Customer is not authorized to access, (b) impersonating Abuwala personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, “flooding,” “mailbombing,” “denial of service” attacks, or “crashing,” (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such Customer is not entitled, or (g) attempting to utilize another party’s account name, password, ID or persona without authorization from that party. Customer is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Abuwala Services. Violations of system or network security may result in civil or criminal liability.

Abuwala Rights and Remedies 

If Customer becomes aware of any content or activity that violates this AUP, Customer shall take all necessary action to prevent such Content from being routed to, passed through, or stored on the Abuwala Website. To the extent Abuwala becomes aware of any content or activities that Abuwala deems, in its sole discretion, to be in violation of this AUP, Abuwala may immediately block access to such content, suspend or terminate any affected Abuwala Services, or take any other actions Abuwala deems appropriate. Abuwala shall be solely responsible for determining if any content or action violates this AUP.

Abuwala reserves the right to terminate or suspend Services if the continued provision of Services would violate the law or otherwise harm Abuwala’s Website, Services or customers. Abuwala also reserves the right to cooperate with authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that Abuwala deems responsible for the wrongdoing. Abuwala will endeavor to provide notice to Customer prior to suspension or termination of Abuwala Services but may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on Abuwala. Abuwala shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Abuwala’s exercise of its rights under this AUP. Abuwala reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the Acceptable Use Policy on www.orbytelgroup.com, harmony.orbytelgroup.com and harmony.orbytelgroup.com/mobile. Any use of the Abuwala Website and Services after such modification shall constitute acceptance of such modification. Any violation shall be sent to success@orbytelgroup.com.