Information about us

www.thrutu.com is a site (referred to as the “Thrutu Website”) operated by Data Connection Ltd. doing business as Metaswitch Networks (“Metaswitch”). Our contact details and registration information are found at Legal Notices.

Acceptance of Terms

The Thrutu Website Terms of Use (referred to as the “Terms of Use”) form a legally binding agreement between you and Metaswitch Networks in relation to your use of the Thrutu Website and the products, materials, software and services published or made available through it (referred to collectively as the “Services”). It is important that you take time to read them carefully. By accessing this site (the “Thrutu Website”), you acknowledge that you have read and accept the Terms of Use set out below. If you do not accept these Terms of Use, you must leave the Thrutu Website immediately.

Intellectual Property Rights

You acknowledge and agree that Metaswitch owns or licenses all intellectual property rights in the Thrutu Website and its Services. These works are protected by international treaties and intellectual property laws. Except as expressly provided in these Terms of Use, no part of the Thrutu Website or its Services may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Metaswitch’s express prior written consent. You are permitted to view, download and print Services as made available by Metaswitch from the Thrutu Website for your personal, non-commercial use only provided that you (i) acknowledge Metaswitch as the source, (ii) do not modify the text or images in any way; (iii) keep intact all copyright notices and (iv) do not copy, modify, create a derivative work of, distribute, publicly display, reverse engineer, decompile or otherwise attempt to extract the source code of any software available on the Thrutu Website. The Services may be subject to their own end user license agreements (“EULA’s”), and in the event of any conflict between such a EULA and these Terms of Use, the EULA will govern.

Unless you have agreed otherwise in writing with Metaswitch, nothing in these Terms of Use gives you a right to use any of Metaswitch’s trade names, trade marks, service marks, logos, domain names or other distinctive brand features.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

All other use of the Thrutu Website and its Services is prohibited.

Third Party Copyrights

Metaswitch is committed to respecting the intellectual property rights of others and we ask that the users and visitors to the Thrutu Website do the same. Metaswitch may, in its sole discretion, terminate the accounts or access rights of users or visitors who violate the intellectual property rights of Metaswitch and others.

Service access

While Metaswitch endeavours to ensure that the Thrutu Website is normally available 24 hours a day, Metaswitch shall not be liable if for any reason the Thrutu Website is unavailable at any time or for any period. Metaswitch may stop (permanently or temporarily) providing the Thrutu Website (or any features within it) to you or to end users generally at Metaswitch’s sole discretion, without prior notice to you. We may, at our option, disable or terminate, without notice and with or without cause, your access to the Thrutu Website, without prejudice to our rights.

Your Use of the Thrutu Website

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Thrutu Website, or in any way reproduce or circumvent the navigational structure or presentation of the Thrutu Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Thrutu Website. Metaswitch reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Thrutu Website, or any other systems or networks connected to the Thrutu Website or to any Thrutu or Metaswitch server, or to any of the services offered on or through the Thrutu Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Thrutu Website or any network connected to the Thrutu Website, nor breach the security or authentication measures on the Thrutu Website or any network connected to the Thrutu Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Thrutu Website, or any other customer of Metaswitch, including any other Thrutu user, to its source, or exploit the Thrutu Website or any service or information made available or offered by or through the Thrutu Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own Thrutu account information, as provided for by the Thrutu Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Thrutu Website or Metaswitch’s systems or networks, or any systems or networks connected to the Thrutu Website or Metaswitch.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Thrutu Website or any transaction being conducted on the Thrutu Website, or with any other person’s use of the Thrutu Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Metaswitch on or through the Thrutu Website or any service offered on or through the Thrutu Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Thrutu Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Metaswitch or others.

Posting and submission of information

The following information will be considered non-confidential and non-proprietary and may be shared or used by Metaswitch for any purpose: (i) any information you post at a blog or in the comments section on the Thrutu Website, including without limitation personally identifiable information (“Blog Posts”); and (ii) any other information you transmit or post to the Thrutu Website, except to the extent that the Thrutu Privacy Policy, available at http://www.thrutu.com/thrutu-privacy-policy, specifically states that such information will be considered confidential. YOU ARE ON NOTICE THAT BLOG POSTS, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION IN BLOG POSTS, WILL BE SHARED WITH THIRD PARTIES AND THE PUBLIC GENERALLY. You hereby grant Metaswitch a nonexclusive, perpetual, irrevocable, worldwide, transferable, fully paid, royalty-free license: (a) to reproduce, distribute, modify, publicly display, publicly perform, and use Blog Posts; and (b) to sublicense any or all such rights to third parties.

You may use the Thrutu Website only for lawful purposes. You are prohibited from posting or transmitting to or from the Thrutu Website any material that is unlawful, technically harmful, malicious, in breach of third party intellectual property rights, threatening, defamatory, obscene, or is otherwise offensive.

You warrant that any material you upload to the Thrutu Website or make available to other users of the Thrutu Website complies with these Terms of Use. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Thrutu Website.

We have the right to remove any material or posting you make on the Thrutu Website at any time.

Reliance on information posted

Commentary and other materials posted on the Thrutu Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you, or anyone who may be informed of any of its contents.

Links to and from other websites

This Thrutu Website may contain links to third party sites for your convenience. We have no control over those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Access to the Thrutu Website

You may need a user name and password to access certain parts of this Thrutu Website. You agree that you are responsible for maintaining the confidentiality of any passwords associated with your Thrutu Website account and you must not share your user name and password with any other person, nor with multiple users on a network. If you become aware of any unauthorized use of your password or your Thrutu Website account, you agree to notify Metaswitch immediately at privacy@metaswitch.com. We may disable any user identification code or password, whether chosen by you, or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

Violation of These Terms of Use

You agree that Metaswitch may, in its sole discretion and without prior notice, terminate your access to the Thrutu Website and/or block your future access to the Thrutu Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Thrutu Website.

Indemnification

You agree to indemnify, defend and hold harmless Metaswitch and its parent, affiliate and subsidiary companies, and their respective officers, directors, shareholders, employees, consultants, agents and suppliers, from any and all demands, loss, liability, claims, damages, costs or expenses (including attorneys’ fees), made by any third party due to or arising out of or in connection with (i) your use of the Thrutu Website; (ii) your violation of these Terms of Use; (iii) your violation of law; (iv) your negligence or wilful misconduct; or (v) your violation of rights of any person or entity. You agree to notify Metaswitch immediately of any such breach or violation known to you.

Disclaimer

METASWITCH DOES NOT PROMISE THAT THE THRUTU WEBSITE OR ANY OF ITS SERVICES WILL BE ACCURATE, UP-TO-DATE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE THRUTU WEBSITE WILL PROVIDE SPECIFIC RESULTS. We may make changes to the Services on the Thrutu Website, at any time without notice. The SERVICES on the Thrutu Website may be out of date and we make no commitment to update such SERVICES. THE Thrutu Website AND ITS SERVICES ARE provided “as is” and do not constitute a warranty of any kind, either express or implied. This includes but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Except where prohibited by law, this disclaimer also includes any express or implied warranties arising from any course of dealing, usage, or trade practice.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, METASWITCH AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND SUPPLIERS, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE THRUTU WEBSITE AND ITS SERVICES IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE THRUTU WEBSITE OR ITS SERVICES, ANY SITES LINKED TO THE THRUTU WEBSITE OR THE MATERIAL ON SUCH SITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE THRUTU WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE THRUTU WEBSITE OR ANY SITES LINKED TO THE THRUTU WEBSITE. METASWITCH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE THRUTU WEBSITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE THRUTU WEBSITE AND ITS SERVICES AND ANY LINKED SITES.

THIS DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Information about you and your visits to the Thrutu Website

We process information about you in accordance with our Thrutu Privacy Policy available at http://www.thrutu.com/thrutu-privacy-policy. By using the Thrutu Website you consent to such processing and you warrant that all data provided by you is accurate.

Export Laws

You may not use this Thrutu Website or export information and materials in violation of any applicable laws or regulations including, without limitation, the United States export laws and regulations.

Variations

We may revise these Terms of Use at any time by amending this page. You must check these pages regularly as any amendments are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on this Thrutu Website.

Governing law and jurisdiction

These Terms of Use shall be governed by the laws of the Commonwealth of Virginia applicable to contracts made and to be performed entirely in the Commonwealth of Virginia provided however that no application of conflicts of laws principles shall be effective to modify the application of Virginia law to these Terms of Use. The parties submit to jurisdiction and venue in the Commonwealth of Virginia. In the event that there is no other effective manner of service, you hereby appoint the Secretary of the Commonwealth of Virginia as your agent for purposes of service of process. Notwithstanding this, you agree that Metaswitch shall still be allowed to apply for injunctive remedies in any jurisdiction and that it may bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.