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.
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:
- 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)
- 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.
- Use of the SNAPsolution platform in any way that is defamatory, libelous, or invasive of another’s privacy, or any similar behavior.
- Interference with any other Client of NetSapiens including, without limitation, deliberate attempts to call flood, broadcast attack or overload a SNAPsolution platform.
- 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).
- Any conduct that is likely to result in retaliation against NetSapiens or NetSapiens employees, officers, representatives or other agents.
- 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.
- 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.
- 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.
- Fair Use
NetSapiens unlimited usage plans are for normal use and are plan specific. Normal, reasonable use on NetSapiens unlimited plans must be in accordance with the Acceptable Use Policy, located at www.netsapiens.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 NetSapiens’ Clients on the same business plan. Excessive or unauthorized use beyond that normally experienced by NetSapiens’ Clients, in NetSapiens sole and absolute discretion, may result in unlimited usage plan service termination. Prior to taking such action, NetSapiens 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 NetSapiens knowledge base or by contacting the NetSapiens sales department and requesting the current rate(s).
NetSapiens 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 :
- call lengths;
- frequency of call forwarding/transferring;
- short duration calls;
- number of calls made during a month;
- number of calls made to a 3rd party conference calling service during a month;
- number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
- 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 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 Links from the Website or Knowledge Base
If the NetSapiens’ Website or NetSapiens’ 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. NetSapiens 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 NetSapiens’ Website or NetSapiens’ 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 NetSapiens cannot and does not guarantee or warrant that files available for downloading from the internet, the NetSapiens’ Website or NetSapiens’ Knowledge Base will be free of viruses or other destructive code. To the fullest extent allowed by law, NetSapiens 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 NetSapiens’ WEBSITE, NetSapiens’ 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 NetSapiens’ Website and/or NetSapiens’ Knowledge Base (referenced collectively as the “Website/KB”, its contents, and any services or items obtained through the NetSapiens’ 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 NetSapiens nor any person associated with NetSapiens makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the NetSapiens’ Website/KB. Without limiting the foregoing, neither NetSapiens nor any person associated with netsapiens represents or warrants that the NetSapiens’ Website/KB, its contents, and any services or items obtained through the NetSapiens’ Website/KB will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the NetSapiens Website/KB or the Server(s) that makes the NetSapiens Website/KB available are free of viruses or other harmful components, or that the NetSapiens 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, NetSapiens 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.
Client agrees to defend, indemnify, and hold harmless NetSapiens 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.
Inquiries regarding this AUP should be directed to our Legal Department at firstname.lastname@example.org.
11 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 email@example.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 NetSapiens SNAPsolution. Client may purchase Professional Services from NetSapiens if Client is unclear as to best practices for the SNAPsolution.
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 August 2017.