ACCEPTABLE USE POLICY - Revision April 2020
Barson Business Solution, LLC dba VoIP Doctors (“VoIP Doctors”) has created this Acceptable Use Policy (“AUP”) to ensure the responsible, fair and reasonable use of VoIP Doctors’ networks, services, systems, websites and products (collectively, the “VoIP Doctors Products and Services”) by our customers and other users of VoIP Doctors Products and Services (collectively, the “User(s)”), and to enable VoIP Doctors to provide Users with reliable, secure and efficient services. By contracting for or using VoIP Doctors Products and Services, in addition to any other agreements Users may have entered into with VoIP Doctors, Users agree to be bound by the terms of this AUP. VoIP Doctors reserves the right to modify this AUP at any time and in its sole discretion pursuant to the relevant VoIP Doctors terms of service (“Service Terms”). Any use of VoIP Doctors Products and Services after such modification constitutes acceptance of the AUP as revised.
As a User of VoIP Doctors, you agree that you are at least 18 years of age (or have permission from a parent or guardian to use this service) and will abide by the policies of VoIP Doctors. VoIP Doctors may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violating any terms listed in this AUP may result in suspension or termination of your account without notice. VoIP Doctors reserves the right to refuse service to anyone.
Any User that VoIP Doctors determines in its sole discretion to have violated any element of this AUP may be subject to suspension or termination of service, with or without notice pursuant to this AUP and the Service Terms. VoIP Doctors has the right, but not the obligation, to take further action as VoIP Doctors determines to be appropriate under the circumstances to eliminate or preclude repeated violations. VoIP Doctors shall not be liable for any damages of any nature suffered by any User, or any third party, resulting in whole or in part from VoIP Doctor’s exercise of its rights under this AUP.
VIOLATIONS OF VoIP Doctors’ ACCEPTABLE USE POLICY
The following are violations or VoIP Doctors’ AUP:
Illegal Use: As a User of VoIP Doctors, you agree not to use the service in a manner that violates any local, state or federal law.
Harm to Others: Using the services to harm others, including but not limited to minors.
Threats & Harassment: You agree not to use the service for abusive, profane, libelous, slanderous, threatening or otherwise harassing calls.
Fraudulent Activity: Using the service to make or participate in fraudulent activity including financial scams.
Copyright or Trademark Infringement: Using the service to transmit any material that infringes upon any copyright, trademark, patent, trade secret, or other proprietary rights of a third party.
Collection of Personal Data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Reselling the Services: Reselling the Services without VoIP Doctors’ authorization.
Users are further prohibited from facilitating the violation of this AUP and from violating or facilitating the violation of another provider’s AUP, including distributing, transmitting, posting, receiving, using, storing or otherwise providing any product or service that violates this AUP or another provider’s AUP. Should a User access another provider or network using the VoIP Doctor Products and Services, such User must comply with the provider or network’s rules and policies. User agrees to indemnify, defend and hold VoIP Doctors harmless from all claims, damages, losses and expenses (including attorneys’ fees and expenses) resulting from or allegedly resulting from such User’s access or use of other providers or networks.
Users shall not use VoIP Doctor Products and Services to distribute, record, transmit, post, receive, use or store material that is inappropriate, as reasonably determined by VoIP Doctors, or material that is obscene, defamatory, libelous, threatening, abusive, hateful or excessively violent.
Users shall not use VoIP Doctor Products and Services to distribute, record, transmit, post, receive, use or store material that may be harmful to, or interfere with, VoIP Doctor Products and Services or any third party’s systems, networks, web sites or services. Such prohibited content includes, but is not limited to worms, viruses, or Trojan horses.
FRAUDULENT OR MISLEADING CONTENT
Users shall not use VoIP Doctors Products and Services to distribute, record, transmit, post, receive, use or store material containing fraudulent offers for products or services, or any advertising or promotional materials that contain deceptive, false or misleading statements, representations or claims. 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.
UNSOLICITED MESSAGES (EMAIL & TEXT MESSAGES)
Users shall not use VoIP Doctors Products and Services to transmit unsolicited email or text messages including, without limitation, unsolicited bulk email or text messages, where such emails or texts could reasonably be expected to provoke complaints (“spam”). Users are prohibited from using the services of another provider to distribute spam or to promote a site hosted on or connected to VoIP Doctors Products and Services. Users shall not use VoIP Doctors Products and Services to:
send messages that are excessive or intended to harass others;
continue to send messages to a recipient that has indicated that recipient does not wish to receive them;
send messages with forged TCP/IP packet header information;
send malicious messages, including “mail bombing”; or
send or receive messages in a manner that violates the policies of any other provider.
long duration calls (defined as calls to the same number in excess of four continuous or cumulative hours within a 24 hour period) and/or calls placed to specific numbers / destinations for the purpose of generating charges or fees for or with a third party;
Material accessible through VoIP Doctors Products and Services may be subject to protection under publicity, privacy or other personal and intellectual property rights. Such rights include, but are not limited to, copyrights, patents, trade secrets, trademarks or other proprietary information. Users shall not use VoIP Doctors Products and Services in any manner that would breach, dilute, misappropriate or otherwise violate any such rights. Users must not use a domain name in connection with any VoIP Doctors Products and Services, and must not use that domain name in violation of the trademark, service mark or other rights of any third party.
ANSWER TO SEIZURE RATIO (ASR)
For each billing cycle, if a User’s outbound call attempts (including calls with a duration less than 6 seconds) exceed their completed calls by a factor of three (3) or more, VoIP Doctors reserves the right to charge an additional $.01 per call attempt for each call attempted, completed or not, during that billing period. This ratio is calculated at the end of each monthly billing cycle, based on the ASR over the entire billing period.
REVISIONS TO THIS AUP
VoIP Doctors reserves the right to revise, amend, or modify this AUP and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the customer’s Master Service Agreement.
VoIP Doctors reserves the right, at its sole discretion, to determine if a Service or Products is being used for any of the foregoing purposes or activities.
Violation of this AUP may result in civil or criminal liability, and VoIP Doctors in its sole discretion, in addition to any remedy that it may have at law or in equity, may immediately terminate permission for the User to use the Services or Products, or any portion of the Services or Products, and may charge Users any applicable rates and cancellation or termination fees. In addition, VoIP Doctors may investigate incidents that are contrary to this AUP and provide requested information to third parties who have provided notice to VoIP Doctors stating that they have been harmed by a User’s failure to abide by this AUP or the policies listed above. VoIP Doctors may bring legal action to enjoin violations and/or collect damages caused by any violation of any part of this AUP.
Any violations or attempted violations of this AUP by any User (or any third party on behalf of any User) will constitute a violation of this Policy by the User and a material breach of any applicable customer AGREEMENT, including, without limitation, any applicable terms of service and/or supplements to any applicable AGREEMENT(s).
VoIP Doctors failure to enforce this policy in every instance in which it might have application does not amount to a waiver of VoIP Doctors rights.