Any and all use of Voxtelesys Services is subject to and conditioned upon compliance with the following Acceptable Use Policy (“AUP”). If you have an Agreement with Voxtelesys, this AUP is incorporated into and made a part of your Agreement with Voxtelesys. This Acceptable Use Policy applies to all Voxtelesys Services. Please carefully review the following to determine if the Services you have purchased are subject to additional, service-specific prohibitions.
A. The Services (including any device, system, network, or account used in connection with the Services, or the Voxtelesys Network) may not be used to:
- Illegal activity. Violate any applicable law or regulation applicable to the use of the Services.
- NO HIGH-RISK USE. Engage in high-risk use of the Services. The Services may not be available in the event of a loss of power or internet connectivity, or network congestion. The Services are not designed, intended, or recommended for use in any situation where, in the normal course of use, service disruption could result in personal injury or death (“high-risk use”). High-risk use is prohibited except to the extent you have fail-safe alternatives in place at all times.
- Infringing activity. Infringe, misappropriate, or otherwise violate Voxtelesys’s or anyone’s rights (including intellectual property, privacy, personality, publicity, or otherwise; or display or use Voxtelesys’s marks without consent or in violation of Voxtelesys policies.
- Minors. Exploit or harm minors (e.g., expose them to inappropriate content; ask for personally identifiable information without parental consent).
- Malicious activity. Transmit any material that contains viruses, time or logic bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
- Objectionable activity. Act in an indecent, offensive, threatening, harassing, defamatory, libelous, fraudulent, malicious, disruptive, tortuous, or other objectionable manner.
- Misrepresenting origin and/or identity. Mislead recipients as to Customer’s identity. Create a false caller ID (e.g., ID spoofing), forge addresses or headers, or fraudulently undertake other technical measures to misrepresent the origin or identity of the sender.
- Unsolicited Communications. The Services may not be used by Users to send any unsolicited, unwanted, or harassing communications (commercial or otherwise) or any Unsolicited Commercial Emails or Text Messages (as defined below) or other similar phone calls, SMS or MMS messages, chat, voice mail, video, email, fax or other communication. As used in this AUP, “Unsolicited Commercial Email or Text Messages” is defined as email or SMS, MMS, text messages or other electronic communication sent to individuals who (i) do not have a pre-existing relationship with User and (ii) have not provided consent to the receipt of such emails or text messages, including express or affirmative consent, double-out-in and/or parental consent where required by law.
- Harvest information; spam; bulk messages. Without consent: harvest or collect information about third parties or End Users, or send bulk communications.
- Excessive or unauthorized use. Use any device, system, network, account, plan, or the Services in an unauthorized manner or in excess of reasonable business use (e.g. interfere, inhibit, compromise, or otherwise harm the Services or the Voxtelesys Network (regardless of intent or knowledge)).
- Circumvent compliance or security. Take advantage of, bypass, exploit, defeat, disable, or otherwise circumvent limitations of the Services, security mechanisms, or compliance with this AUP or any law.
- Interception. Intercept, capture, sniff, monitor, modify, emulate, decrypt, or redirect any communication or data for any purpose.
The list above is not exhaustive or exclusive. For purposes of this AUP, “End User” means an individual user of the Services, and may be a natural person, and may include but is not limited to a Customer’s employees, consultants, clients, external users, invitees, contractors and agents. Except as otherwise provided, terms defined in the Agreement have the same meanings when used in this AUP.
Additional Regulations:
CAN-SPAM (United States)
The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”) is a federal law regulating the transmission of commercial email messages and Internet-to-phone SMS commercial messages to addresses that reference Internet domains. The full text of this law can be found here: http://www.gpo.gov/fdsys/pkg/PLAW-108publ187/pdf/PLAW-108publ187.pdf
CASL (Canada)
Canada’s CASL was enacted to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (“CASL”), is a Canadian federal law regulating the sending of “commercial electronic messages” or “CEMs”. A CEM includes any email message, text/SMS message or other electronic message that is sent to an electronic address and that has as even one of its purposes to encourage participation in a commercial activity. CASL applies to any CEM sent to or from a computer system located in Canada. CASL requires prior consent to send a CEM and requires that all CEMs meet prescribed form and content requirements. CASL is generally regarded as one of the most stringent anti-spam regimes in the world. Its specific and prescriptive requirements should be carefully considered and must be complied with when sending CEMs to or from computer systems in Canada. The full text of this law and its accompanying regulations. See link: https://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html
CTIA Messaging Principles
Offers a set of recommendations developed with wireless messaging ecosystem stakeholders to support a robust and dynamic wireless messaging community. See link: https://api.ctia.org/docs/default-source/default-document-library/170119-ctia-messaging-principles-and-best-practices.pdf
Voxtelesys may act immediately and without notice to suspend or terminate the Services if, in Voxtelesys’s sole discretion, Customer’s or its End Users’ use of the Services violates the terms of this Acceptable Use Policy.
Customer may cancel any services purchased under this Agreement with written notice to Voxtelesys within thirty (30) days of the date in which the purchase becomes effective. Except as otherwise provided in the Agreement between the Parties, in the event of a timely cancellation, Customer shall not owe any fees or charges for the services being canceled in respect of any period subsequent to the date of such written notice (except those arising from continued Usage), and shall be entitled to a pro-rated refund of any prepaid and unused fees for the services subject to the cancellation.
