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

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

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

rhode island telephone 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

rhode island telephone 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.

rhode island telephone’ 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 rhode island telephone 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 Cloudworx 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 Cloudworx 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 rhode island telephone including, without limitation, deliberate attempts to call flood, broadcast attack or overload a Cloudworx 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 rhode island telephone or rhode island telephone employees, officers, representatives or other agents.
  1. Any conduct that results in retaliation against rhode island telephone, which includes but is not limited to engaging in behavior that results in any virus, malicious software (malware), ransomware or hacking being implemented against rhode island telephone, or any rhode island telephone 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 rhode island telephone Cloudworx or any third party products and/or services connected to or utilized with the Cloudworx.
  1. Client must comply with the rules and conventions for postings to any rhode island telephone forum, chat group or other newsgroup medium in which rhode island telephone participates. This includes the prohibition of off-topic commercial messages, mass postings, or any other content deemed offensive, derogatory or inappropriate, and rhode island telephone 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 rhode island telephone Cloudworx 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 rhode island telephone in connection with the rhode island telephone 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 rhode island telephone 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 rhode island telephone Cloudworx 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 rhode island telephone, its Suppliers and/or their Affiliates, as the case may be, and rhode island telephone 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 rhode island telephone, 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 rhode island telephone 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 rhode island telephone’ guidelines for using trademarks as in effect from time to time and as provided to Client upon rhode island telephone 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 rhode island telephone shall permit Client a reasonable period of time in which to conform with the new guidelines. rhode island telephone 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 rhode island telephone, 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 rhode island telephone 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 rhode island telephone Products and/or Services shall bear such trademark notices and legends as rhode island telephone may reasonably require pursuant to this AUP.

7 Links from the Website or Knowledge Base

If the rhode island telephone’ Website or rhode island telephone’ 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. rhode island telephone 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 rhode island telephone’ Website or rhode island telephone’ 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 rhode island telephone cannot and does not guarantee or warrant that files available for downloading from the internet, the rhode island telephone’ Website or rhode island telephone’ Knowledge Base will be free of viruses or other destructive code. To the fullest extent allowed by law, rhode island telephone 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 rhode island telephone’ WEBSITE, rhode island telephone’ 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 rhode island telephone’ Website and/or rhode island telephone’ Knowledge Base (referenced collectively as the “Website/KB”, its contents, and any services or items obtained through the rhode island telephone’ 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 rhode island telephone nor any person associated with rhode island telephone makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the rhode island telephone’ Website/KB. Without limiting the foregoing, neither rhode island telephone nor any person associated with rhode island telephone represents or warrants that the rhode island telephone’ Website/KB, its contents, and any services or items obtained through the rhode island telephone’ Website/KB will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the rhode island telephone Website/KB or the Server(s) that makes the rhode island telephone Website/KB available are free of viruses or other harmful components, or that the rhode island telephone 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, rhode island telephone 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.

9 Indemnification

Client agrees to defend, indemnify, and hold harmless rhode island telephone 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.

10 Inquiries

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

11 Complaints about Abuse or Breach of the AUP

If you wish to inform rhode island telephone about a breach of this AUP please contact a rhode island telephone representative or email our Legal Department at legal@ritelephone.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 rhode island telephone Cloudworx. Client may purchase Professional Services from rhode island telephone if Client is unclear as to best practices for the Cloudworx.

13 Compliance

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

This AUP was last updated August 2017.

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