ACCEPTABLE USE POLICY
Acceptable Use Policy
Acceptable Use Policy
This Acceptable Use
Policy (“AUP”) identifies and sets forth some requirements and restrictions on
the use by Client and Client’s Subscribers of the Products and Services
provided by AltairVoice, and their platform(s) used by Client to deliver such Products
and Services, and is incorporated by reference in the Master Services Agreement
(“MSA”) between AltairVoice and Client. Client must review and comply with the
AUP laws and guidelines, however, this AUP is not intended to be (i)
interpreted as, relied upon, or used as a substitute for the advice of legal
counsel, (ii) or considered to be a complete and exhaustive list of all laws
and regulations applicable to Client’s use of the AltairVoice TextingForless,
Conferencing For Less Products, and/or Services. In addition to the below laws,
various other state and foreign laws may apply to Client’s use of the AltairVoice
Products and/or Services. Each Client is advised to obtain the advice of its
own legal counsel before using the AltairVoice Products and/or Services.
Client’s access to the
AltairVoice Products and/or Services and that of Client’s Subscribers, may be
restricted, suspended or terminated for violation of this AUP, at AltairVoice’s
sole discretion.
AltairVoice reserves
the right to change or modify the terms of the AUP at any time, effective
immediately when posted to the AltairVoice website. Client’s use of the AltairVoice
Products and/or Services after changes to the AUP are posted to the AltairVoice
website shall constitute acceptance of any changed or additional terms.
AltairVoice maintains
a zero-tolerance policy for any violation of this AUP and requires that its
Clients implement and enforce this same zero-tolerance policy.
Capitalized terms used
in this AUP shall have the meaning as given in Client’s Master Services
Agreement (MSA).
1 General Statement
AltairVoice is
dedicated to the use of Voice over Internet Protocol (VoIP) and related
technologies to improve the telecommunications industry and the lives of
individuals throughout the world.
AltairVoice’s goal is
to deliver carrier-grade Communications Services to all its Clients, at a
reasonable price and to make available all the benefits that VoIP offers as
broadly as possible. In order to achieve this goal, an Acceptable Use Policy is
necessary.
2 Abuse
Client and Client’s
Subscribers may not use the AltairVoice platform, Products and/or Services to
engage in, foster, or promote illegal, abusive, or irresponsible behavior,
including but not limited to:
1.
Restricted Content.
Any purpose prohibited by applicable international, federal, state or local
law, rule or regulation (which laws may impose more stringent requirements than
the guidelines described herein).
a. Child pornography
b. Unlawful gambling activities
c. Threats, harassment and abuse of any individual or organization
d. Fraudulent activities
e. Terroristic or other solicitations advocating human violence and/or hate
crimes based upon religion, ethnicity, or country of origin.
f. Unlawful high yield investment plans (Ponzi schemes)
2.
FCC and FTC Rules and
Regulations – United States
Using the AltairVoice platform for auto-dialing, robocalls, telemarketing, high
volume fax, text messaging, voicemail broadcasting or call “blasting” or any
other transmission that violates any provision of the Federal Communications
Commission’s (FCC) Telephone Consumer Protection Act (TCPA), the Federal Trade
Commission’s (FTC) National Do Not Call Implementation Act (DNCIA), the FTC
Telemarketing Sales Rule (TSR), or other Federal regulatory protections.
3.
Use of the AltairVoice
platform in any way that is defamatory, libelous, or invasive of another’s
privacy, or any similar behavior.
4.
Interference with any
other Client of AltairVoice including, without limitation, deliberate attempts
to call flood, broadcast attack or overload a AltairVoice platform.
5.
Collecting or using
information without the consent of the owner of the information, including
without limitation collecting email addresses, screen names or other identifiers
(sometimes referred to as phishing, scamming, password robbery, spidering, and
data harvesting).
6.
Any conduct that is
likely to result in retaliation against AltairVoice or AltairVoice employees,
officers, representatives or other agents.
7.
Any conduct that
results in retaliation against AltairVoice, which includes but is not limited
to engaging in behavior that results in any virus, malicious software
(malware), ransomware or hacking being implemented against AltairVoice, or any AltairVoice
server or firewall being the target of a distributed denial of service attack
(DDoS) or any other technological cyberattack.
8.
US Congressional
CAN-SPAM Act of 2003
Client must comply with the Controlling the Assault of Non-Solicited
Pornography and Marketing Act (CAN-SPAM) of 2003 and other laws and regulations
applicable to bulk or commercial email in regards to the AltairVoice or any
third party products and/or services connected to or utilized with the AltairVoice.
9.
Client must comply
with the rules and conventions for postings to any AltairVoice forum, chat
group or other newsgroup medium in which AltairVoice participates. This
includes the prohibition of off-topic commercial messages, mass postings, or
any other content deemed offensive, derogatory or inappropriate, and AltairVoice
reserves the right to remove or edit content or users, at its sole discretion.
10.
Fair Use
AltairVoice unlimited usage plans are for normal use and are plan
specific. Normal, reasonable use on AltairVoice unlimited plans must be
in accordance with the Acceptable Use Policy, located at www.AltairVoice.com/aup and
the applicable Sales Order, and consistent with the types and levels of usage
by typical Clients on the same plan. “Typical” refers to the calling and
connection patterns of at least 90% of AltairVoice’s Clients
on the same business plan. Excessive or unauthorized use beyond that normally
experienced by AltairVoice’s Clients, in AltairVoice sole and absolute
discretion, may result in unlimited usage plan service
termination. Prior to taking such action, AltairVoice will attempt
to contact the Client to discuss the cause for the excessive or abusive use and
the required remediation to continue the Service. Should unlimited usage plan
service be terminated, usage will be billed at the current prevailing rate as
indicated in the AltairVoice knowledge base or by contacting the AltairVoice
sales department and requesting the current rate(s).
AltairVoice may determine that abnormal, unreasonable or
impermissible usage is occurring, and may take appropriate steps, including
suspension or termination of Service, even if the number of minutes or
bandwidth used is not excessive, when a Client’s usage or connection
patterns during more than one month reflect excessive usage, including but not
limited to :
o call lengths;
o frequency of call forwarding/transferring;
o short duration calls;
o number of calls made during a month;
o number of calls made to a 3rd party conference
calling service during a month;
o number of calls terminated and re-initiated
consecutively, which, in the aggregate, result in excessive call lengths during
a specific time frame; or
o other calling patterns indicative of an
attempt to evade enforcement of this Acceptable Use Policy (AUP)
In addition, unlimited usage plans cannot, under any
circumstances, be used for call centers, continuous or extensive call forwarding,
autodialing (including automatic outbound dialing systems or call distribution
systems), telemarketing (including without limitation charitable or political
solicitation and/or polling), transcription services, fax “blasting”, junk
faxing or fax spamming, broadcast fax, ANI or CLI spoofing or other high volume
or multi-person calling or faxing purposes.
3 Subscriber Care
Client must provide a
phone number and email address for Subscriber complaints in a conspicuous
location on Client’s primary website. Client must use all reasonably
available resources to resolve Subscribers’ complaints and service affecting
issues.
4 Remote Access to Servers/IP Addresses
Client must provide
remote access to all server(s) hosting the AltairVoice platform and any third
party applications utilized in the delivery of the License(s), Product(s)
and/or Service(s) to Client and its Subscribers. Additionally, Client may only
use IP addresses documented and approved by AltairVoice in connection with the AltairVoice
SNAPsoluton platform and related Product(s) and Service(s). Client agrees that
if the IP Numbers utilized for Client’s account are listed on an abuse database
Client will be in violation of this AUP, and AltairVoice may take reasonable
action to protect its platform, including suspension and/or termination of
Client’s Product(s) and Service(s), regardless of whether the IP numbers were
listed on an abuse database as a result of Client’s actions or those of
Client’s Subscribers.
5 Copyrighted Material
Client may not use the
AltairVoice to download, distribute or otherwise use in any manner any music,
audio, text or other works protected by copyright law unless Client has been
expressly authorized by the owner of the copyright or otherwise permitted by
established copyright law for said use.
6 Intellectual Property Rights –
Trademarks/Service Marks
Any and all marks are
and shall remain the exclusive property of AltairVoice, its Suppliers and/or
their Affiliates, as the case may be, and AltairVoice grants Client a limited
license to reproduce the marks only to the extent expressly provided for in the
Master Services Agreement. Client shall not perform any act that would infringe
upon, harm or contest the validity of any mark or rights therein or hinder or
prevent AltairVoice, its Suppliers and/or their Affiliates from utilizing,
licensing or sublicensing the marks in any manner, nor use, alter or exploit in
any manner any of the marks, except in such manner and media as AltairVoice may
consent to in writing. Client acknowledges that any right to use
the marks is conditioned upon Client’s observance of the provisions of the MSA
and this AUP regarding Intellectual Property Rights and the marketing of the
Products and/or Services. Client shall display the marks in accordance with AltairVoice’s
guidelines for using trademarks as in effect from time to time and as provided
to Client upon AltairVoice receiving request, in writing. Notwithstanding the
foregoing, any change by Client, its Suppliers or any of their Affiliates to
the marks guidelines which affects Client’s usage shall not apply retroactively
to Client’s past usage which conformed with the then current guidelines and AltairVoice
shall permit Client a reasonable period of time in which to conform with the
new guidelines. AltairVoice retains the right to specify and approve the
quality and standards of all materials on which the marks are displayed and to
inspect from time to time samples of such materials. If requested by AltairVoice,
additional agreements and conditions regarding manufacture and quality control
will be set forth in a separate Addendum to the Master Services Agreement.
Failure of Client to adhere to such standards of quality as provided herein
shall be grounds for AltairVoice to terminate Client’s rights to use such marks
and to terminate the Agreement. All advertising and other promotional,
packaging and similar materials used by Client concerning AltairVoice Products
and/or Services shall bear such trademark notices and legends as AltairVoice
may reasonably require pursuant to this AUP.
7 Links from the Website or Knowledge Base
If the AltairVoice’s Website
or AltairVoice’s Knowledge Base contains links to other websites and/or
resources provided by third parties (including but not limited to downloads of
any kind), these links and resources are provided for Client’s convenience
only. This includes links contained in advertisements, including banner
advertisements and sponsored links. AltairVoice has no control over the content
of those sites or resources, and accepts no responsibility for them or for any
loss or damage that may arise from Client’s use of them. If Client decides to
access any of the third-party websites linked to the AltairVoice’s Website or AltairVoice’s
Knowledge Base, Client does so entirely at their own risk and are subject to
the terms and conditions of use for such websites.
8 Disclaimer of Warranties
Client understands
that AltairVoice cannot and does not guarantee or warrant that files available
for downloading from the internet, the AltairVoice’s Website or AltairVoice’s Knowledge
Base will be free of viruses or other destructive code. To the fullest extent
allowed by law, AltairVoice WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY
A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS,
DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE AltairVoice’s WEBSITE,
AltairVoice’s KNOWLEDGE BASE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT.
Client’s use of the AltairVoice’s
Website and/or AltairVoice’s Knowledge Base (referenced collectively as the
“Website/KB”, its contents, and any services or items obtained through the AltairVoice’s
Website/KB is solely at Client’s own risk. The Website/KB, its contents,
and any services or items obtained through the Website/KB are provided on an
“as is” and “as available” basis, without any warranties of any kind, either
express or implied. Neither AltairVoice nor any person associated with AltairVoice
makes any warranty or representation with respect to the completeness,
security, reliability, quality, accuracy, or availability of the AltairVoice’s Website/KB.
Without limiting the foregoing, neither AltairVoice nor any person associated
with AltairVoice represents or warrants that the AltairVoice’s Website/KB, its
contents, and any services or items obtained through the AltairVoice’s Website/KB
will be accurate, reliable, error-free, or uninterrupted, that defects will be
corrected, that the AltairVoice Website/KB or the Server(s) that makes the AltairVoice
Website/KB available are free of viruses or other harmful components, or that
the AltairVoice Website/KB or any services or items obtained through the
Website/KB will otherwise meet Client’s needs or expectations.
TO THE FULLEST EXTENT
PROVIDED BY LAW, AltairVoice HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
9 Indemnification
Client agrees to
defend, indemnify, and hold harmless AltairVoice and its respective officers,
directors, shareholders, employees, agents and representatives against all
damages, claims, liabilities, judgements, awards, losses and other expenses,
including without limitation reasonable attorney’s fees and costs, whether or
not a lawsuit or other proceeding is filed, arising out of or relating to
Client’s violation of this Acceptable Use Policy.
10 Inquiries
Inquiries regarding
this AUP should be directed to our Legal Department at Support@AltairVoice.com.
11 Complaints about Abuse or Breach of the AUP
If you wish to inform AltairVoice
about a breach of this AUP please contact a AltairVoice representative or email
our Legal Department at Support@AltairVoice.com.
12 Best Practices
Client must follow all
relevant industry guidelines, standards and best practices, such as those
provided by the Internet Engineering Task Force (IETF) and the Internet Society
(ISOC) when utilizing the AltairVoice. Client may purchase Professional
Services from AltairVoice if Client is unclear as to best practices for the AltairVoice.
13 Compliance
AltairVoice may test
and otherwise monitor Client’s compliance (and that of Client’s Subscribers)
with all these requirements. Client’s access to the AltairVoice and any related
Products and Services, and that of Client’s Subscribers, may be restricted,
suspended or terminated for violation of this AUP, at AltairVoice’s sole
discretion. Any failure to enforce this policy in every instance does not
amount to a waiver of AltairVoice’s rights.
This AUP was last
updated April 2021.
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