USAD and its affiliates (collectively, "USAD") have formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of USAD's and USAD’s underlying carriers’ networks, systems, services, web sites and products (collectively, the "USAD Network and Services") by our customers and other users of the USAD Network and Services (collectively, "Users"), and to enable us to provide Users with secure, reliable and productive services. By using the USAD Network and Services, Users consent to be bound by the terms of this AUP. USAD reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the USAD Network and Services after such modification shall constitute acceptance of such modification.
Any User which USAD determines to have violated any element of this AUP may be subject to a suspension or termination of service, and if USAD deems it necessary, immediate suspension or termination of such User's service without notice. USAD may take such further action as USAD determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and USAD 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 USAD's exercise of its rights under this AUP.
In general, the USAD Network and Services must be used in a manner that is consistent with the intended purpose of the USAD Network and Services and may be used only for lawful purposes. Users shall not use the USAD Network and Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) providing altered, deceptive or false information about the identity of the sender or the origin of a message or phone call; or (c) that may expose USAD to criminal or civil liability.
An excessive number of Incomplete Call Attempts is considered an abuse of the USAD network. Examples of Incomplete Call Attempts include, but are not limited to, Ring No Answers, Operator Intercepts and any call terminated by the calling party before completion of the circuit to the called party. If the percentage of Incomplete Calls (out of all call attempts) meets or exceeds 50% during any billing cycle then a violation is deemed to have occurred.
Users are prohibited from facilitating the violation of any part of this AUP or another provider's AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider's AUP.
Users shall not use the USAD Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by USAD, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.
Material accessible through the USAD Network and Services may be subject to legal protection under privacy, publicity, or other personal and property rights and laws. Material accessed through USAD Network and Services may also be subject to Intellectual Property rights and laws, including but not limited to, copyrights, patents, trademarks, trade secrets and other proprietary information. Users shall not use the USAD Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. Users shall defend, indemnify and hold USAD harmless from any and all claims for libel, slander, infringement of copyright, trademark, trade name or trade secret arising out of the contents of User’s transmissions using USAD’s service and equipment. User shall be liable to USAD for any legal fees and other costs incurred to enforce the terms of this Acceptable Use Policy.
Users shall not use the USAD Network and Services to transmit, distribute or store material that may be harmful to or interfere with the USAD Network and Services or any third party's networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, Trojan horses and malware.
Users shall not use the USAD Network 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. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
EMAIL AND UNSOLICITED MESSAGES
Users shall not use the USAD Network and Services to transmit unsolicited e-mail or text messages, including, without limitation, unsolicited bulk email or bulk texts, where such emails or texts could reasonably be expected to provoke complaints ("spam"). Further, Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the USAD Network and Services. In addition, Users shall not use the USAD Network and Services in order to (a) send e-mail or text messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail or text messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail or text with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombs", (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.
THIRD PARTY RULES
Users may have access through the USAD Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.
User agrees that when it is acting as an upstream provider originating traffic (hereinafter referred to as an “Originating Provider”) or passing traffic through (hereinafter referred to as a “Transit Provider”), if User receives a request from a traceback administrator authorized by US Telecom’s Traceback Group for information about suspicious robocalls that have been sent to a downstream provider (hereinafter referred to as a “Traceback Request”), User will promptly respond to the Traceback Request in good faith. User agrees that its response shall indicate if it is in the call path as (i) the Originating Provider of the calls (i.e., User received the calls from User’s End User) or (ii) a Transit Provider (i.e., User received the calls from another voice provider). The response shall also identify the source of the calls. User agrees to share this information without requiring a subpoena or other formal demand or request. User is not required to respond to more than ten (10) Traceback Requests per week.
Users shall not use the USAD Network and Services to conduct activities that may be harmful to or interfere with the USAD Network and Services or any third party's networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the USAD Network and Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. USAD will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.
RESPONSIBILITY FOR CONTENT
USAD takes no responsibility for any material created or accessible on or through the USAD Network and Services. USAD is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that USAD becomes aware that any such material may violate this AUP and/or expose USAD to civil or criminal liability, USAD reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. USAD further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that USAD deems responsible for the wrongdoing.