Acceptable Use Policy

General

VOXIVA and its affiliates (“VOXIVA”) provide a variety of information, content management, Internet, network and technology related services (“Services”). We have formulated this Acceptable Use Policy (“AUP”) in order to ensure the appropriate use of our Services and our network, systems, and facilities (“Infrastructure”) by our customers, our customers’ customers, members, or end-users and any other parties who use or access the Services or the Infrastructure (collectively, “Users”). All Users must comply with this AUP. We may change this AUP at any time by posting a revised AUP on our Website, which shall constitute notice to Users. By using or accessing our Services or Infrastructure, Users agree to be bound by the terms of this AUP. Any indirect or attempted violation of this policy by or on behalf of a User, and any actual or attempted violation by a third party on behalf of a User, shall be considered a violation of the policy by the User and the User shall be held directly accountable therefore.

Acceptable Use Policy

Users shall not use the our Services or Infrastructure to transmit, distribute or store material: (a) in violation of any applicable law, regulation, or judicial order, including, without limitation, the CAN-SPAM ACT of 2003; (b) in violation of the terms of this AUP, the terms of any applicable agreement with us, or any other VOXIVA policy applicable through such agreement; (c) that interferes with or adversely affects the Services or Infrastructure in any way, including use of the Services or Infrastructure by other Users; or (d) that may expose VOXIVA to criminal or civil liability. Users shall cooperate with us in investigating and correcting any apparent breach of this AUP. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Services or Infrastructure.

In particular, but without limiting the more general prohibitions in this AUP, Users shall not use the Services or Infrastructure, or assist anyone else, to:

  • Attempt to disrupt, degrade, impair or violate the integrity or security of the Services or Infrastructure or the computers, services, accounts, or networks of any other party (e.g., hacking, denial of service attacks), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of our IP space;
  • Transmit unsolicited bulk e-mail messages (“Spam”); having third parties send out Spam on any user’s behalf; receiving replies from unsolicited emails (commonly referred to as “drop-box” accounts) or configuring any email server in such a way that it will accept third party emails for forwarding (e.g., open mail relay). Bulk email may only be sent to recipients who have expressly requested receipt of such e-mail messages via a “verified opt-in” process, which must be adhered to in its entirety for any bulk email to be considered “solicited” by VOXIVA. Users that send bulk email must maintain complete and accurate records of all e-mail subscription requests (e.g., verified opt-ins), specifically including the email and associated headers sent by every subscriber, and to immediately provide us with such records upon our request. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. Users are also prohibited from using the service of another provider to send Spam in order to promote a site hosted on or connected to the Services or Infrastructure, and Users shall not use the Services or Infrastructure in order to (a) send e-mail messages that are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, or (d) send malicious e-mail (e.g., mailbombing);
  • Transmit, distribute, or store information or material that, as reasonably determined by VOXIVA: (a) is inappropriate, obscene (including child pornography), defamatory, threatening, abusive, advocating violence or which violates a law, regulation or public policy; (b) is harmful to or interferes with our provision of Services, the Infrastructure, or any third party’s networks, equipment, applications, services, or websites (e.g., viruses, worms, Trojan horses); (c) would infringe, dilute, misappropriate, or otherwise violate any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); (d) is fraudulent or contains false, deceptive, or misleading statements, claims, or representations (e.g., phishing); or (e) violates generally accepted standards of Internet usage;
  • Violate any charters, policies, rules or agreements promulgated by any search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services accessed via the Services or Infrastructure (“Usenet Rules”), including, without limitation, any cross postings to unrelated news groups, continued posting of off-topic messages, and disrupting newsgroups with materials, postings, or activities that are inappropriate (as determined by VOXIVA in our sole discretion), unless such materials or activities are expressly allowed or encouraged under the Usenet Rules;
  • Violate the applicable acceptable use policies of any other Internet service provider (“ISP”) with respect to any data, content, or other communications carried across the networks of such ISP; or
  • Avoid incurring charges or otherwise being required to pay for Services.

Additional Provisions for SMS

In addition to the foregoing, Users shall adhere to the Global Code of Conduct and Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, that establishes privacy guidelines for providers of mobile servers who market products and services to users via mobile devices. For copies of the Code or Guidelines, go to: http://www.mmaglobal.com.

Additional Provisions for Internet Data Center.

In addition to the above provisions, any customers that are provided with access to any facilities where customer data or equipment is stored by us on behalf of such customers (“Data Centers”), whether such Data Centers are owned and operated by us or a third party, agree to comply with all security, safety, and other policies and procedures concerning the use of such Data Centers provided by us and/or the owner/operator of such Data Centers.

Additional Requirements for Using Services

In addition to this AUP, additional acceptable use policies may apply to specific Services and Infrastructure. The policies may be included on our Website or in other materials provided to you by VOXIVA. Your use of any such Services and Infrastructure is further subject to your compliance with those additional acceptable use policies.

VOXIVA’ Rights and Remedies

VOXIVA has no responsibility for any material or information created, stored, maintained, transmitted or accessible on or through the Services or Infrastructure and is not obligated to monitor or exercise any editorial control over such material. In the event that we become aware that any such material may violate this AUP and/or expose us to civil or criminal liability, we reserve the right to investigate such material, block access to such material and suspend or terminate any Services without liability. We further reserve the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that we have reason to believe is responsible for such violation. We also reserve the right use technological means to prevent or stop AUP violation. Nothing in this AUP shall limit in any way our rights and remedies at law or in equity that may otherwise be available.