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 netsapiens, and the SNAPsolution platform used by Client to deliver such Products and Services, and is incorporated by reference in the Master Services Agreement (“MSA”) between netsapiens 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 netsapiens SNAPsolution, Products, and/or Services. In addition to the below laws, various other state and foreign laws may apply to Client’s use of the netsapiens SNAPsolution, Products and/or Services. Each Client is advised to obtain the advice of its own legal counsel before using the netsapiens SNAPsolution, Products and/or Services.

Client’s access to the SNAPsolution, Products and/or Services and that of Client’s Subscribers, may be restricted, suspended or terminated for violation of this AUP, at netsapiens’ sole discretion.

netsapiens reserves the right to change or modify the terms of the AUP at any time, effective immediately when posted to the netsapiens website. Client’s use of the netsapiens SNAPsolution, Products and/or Services after changes to the AUP are posted to the netsapiens website shall constitute acceptance of any changed or additional terms.

netsapiens 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

netsapiens 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.

netsapiens’ 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 netsapiens 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)
  1. FCC and FTC Rules and Regulations – United States
    Using the SNAPsolution 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.
  1. Use of the SNAPsolution platform in any way that is defamatory, libelous, or invasive of another’s privacy, or any similar behavior.
  1. Interference with any other Client of netsapiens including, without limitation, deliberate attempts to call flood, broadcast attack or overload a SNAPsolution platform.
  1. 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).
  1. Any conduct that is likely to result in retaliation against netsapiens or netsapiens employees, officers, representatives or other agents.
  1. Any conduct that results in retaliation against netsapiens, which includes but is not limited to engaging in behavior that results in any virus, malicious software (malware), ransomware or hacking being implemented against netsapiens, or any netsapiens server or firewall being the target of a distributed denial of service attack (DDoS) or any other technological cyberattack.
  1. 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 netsapiens SNAPsolution or any third party products and/or services connected to or utilized with the SNAPsolution.
  1. Client must comply with the rules and conventions for postings to any netsapiens forum, chat group or other newsgroup medium in which netsapiens participates. This includes the prohibition of off-topic commercial messages, mass postings, or any other content deemed offensive, derogatory or inappropriate, and netsapiens reserves the right to remove or edit content or users, at its sole discretion.

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 netsapiens SNAPsolution 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 netsapiens in connection with the netsapiens 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 netsapiens 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 netsapiens SNAPsolution 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 netsapiens, its Suppliers and/or their Affiliates, as the case may be, and netsapiens 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 netsapiens, 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 netsapiens 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 netsapiens’ guidelines for using trademarks as in effect from time to time and as provided to Client upon netsapiens 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 netsapiens shall permit Client a reasonable period of time in which to conform with the new guidelines. netsapiens 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 netsapiens, 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 netsapiens 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 netsapiens Products and/or Services shall bear such trademark notices and legends as netsapiens may reasonably require pursuant to this AUP.

7 Inquiries

Inquiries regarding this AUP should be directed to our Legal Department at legal@netsapiens.com.

8 Complaints about Abuse or Breach of the AUP

If you wish to inform netsapiens about a breach of this AUP please contact a netsapiens representative or email our Legal Department at legal@netsapiens.com.

9 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 netsapiens SNAPsolution. Client may purchase Professional Services from netsapiens if Client is unclear as to best practices for the SNAPsolution.

10 Compliance

netsapiens may test and otherwise monitor Client’s compliance (and that of Client’s Subscribers) with all these requirements. Client’s access to the netsapiens SNAPsolution and any related Products and Services, and that of Client’s Subscribers, may be restricted, suspended or terminated for violation of this AUP, at netsapiens’ sole discretion. Any failure to enforce this policy in every instance does not amount to a waiver of netsapiens’ rights.

This AUP was last updated March 2017.