General Acceptable Use Policy For All Services - VORADIAN | Business Telecommunications Service

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GENERAL ACCEPTABLE USE POLICY FOR ALL SERVICES

This Acceptable Use Policy (“AUP”)

This Acceptable Use Policy (“AUP”) identifies restrictions on the use of Services by Service Provider (herein after “VORADIAN”) and its Customer (herein after “End-Users”) of the Services provided by VORADIAN, and the software used by VORADIAN to delivery such Services, and is incorporated by reference in the Customer Master Services Agreement (CMSA) between VORADIAN and End-User. Your access to the Services, and that of your End-Users, may be suspended or terminated for violation of this AUP. Capitalized terms used in this AUP shall have the meaning given in your CMSA. Inquiries regarding this policy should be directed to abuse@voradian.com. This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Abuse

You and your End-Users may not use VORADIAN’s network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to:

• Any purpose prohibited by applicable federal, state or local law, rule or regulation;

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;

• Using the Services for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting;

• Use of the Services in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior;

• Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;

• Interference with service to any user of the VORADIAN or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

• Use of an Internet account or computer without the owner’s authorization;

• Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);

• Collecting or using information without the consent of the owner of the information;

• Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;

• Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;

• Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or

• Any conduct that is likely to result in retaliation against the VORADIAN network or website, or VORADIAN’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

Bulk Faxing

You and your End-Users may not use a VORADIAN Fax service to send bulk fax transmissions. You may use your dedicated hosted fax system to send bulk mail, subject to the restrictions in this Acceptable Use Policy.

You and your End-Users must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial fax transmission. In addition, your bulk and commercial fax must meet the following requirements:

• Intended recipients have given their consent to receive fax from you or your End-Users via some affirmative means, such as an opt-in procedure;

• Procedures for seeking consent by you or your End-Users include reasonable means to ensure that the person giving consent is the owner of the fax number for which consent is given;

• You and or your End-Users retain evidence of each recipient’s consent in a form that can be promptly produced on request, and you honor recipient’s and VORADIAN’s requests to produce consent evidence within 72 hours of receipt of the request;

• You and or your End-Users have procedures in place that allow a recipient to revoke their consent – such as a fax number or phone number in the body of the fax document or cover letter, or instructions to reply with the word “Remove” in the subject line; you and or your End-Users shall honor revocations of consent within 48 hours, and notify recipients that the revocation of their consent will be implemented in 48 hours;

• You and or your End-Users must post an email address for complaints (such as abuse@yourdoman.com, fax number for the recipient to file complaint by fax, or a phone number that recipient can call to file a complaint.

• You and/or your End-Users must have a Privacy Policy posted for each domain associated with the mailing;

• You and/or your End-Users have the means to track anonymous complaints;

• You and/or your End-Users may not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Your email, and that of your End-Users, must include the recipients email address in the body of the message or in the “TO” line of the email;

• The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information; and

• You and/or your End-Users must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.

These policies apply to messages sent using your VORADIAN services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your VORADIAN service. In addition, you and your End-Users may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties.

VORADIAN may test and otherwise monitor your compliance and that of your End-Users with its requirements. VORADIAN may block the transmission of email that violates these provisions. VORADIAN may, at its discretion, require certain customers or End-Users to seek advance approval for bulk and commercial email, which approval will not be granted unless the customer or End-Users can demonstrate that all of the requirements stated above will be met.

Unsolicited Communications

You and/or your End-Users may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.

Newsgroup, Chat Forums, Community Forums, Other Networks

VORADIAN may provide You and your End-Users access to sponsored Newsgroup, Chat Forums, Voradian Community Forums, and or other Networks for increased customer engagement and experience. You and/or your End-Users must comply with the rules and conventions for postings to any bulletin board, chat group or other forums in which you participate, including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums. You and/or your End-Users must comply with the rules of any other network you or your End-Users access or participate in using VORADIAN’s Services.

Offensive Content

You and/or your End-Users may not publish, transmit or store on or via VORADIAN’s network and equipment any content or links to any content that VORADIAN reasonably believes:

• Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;

• Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

• Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

• Is defamatory, disparaging or violates a person’s privacy;

• Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;

• Improperly exposes trade secrets or other confidential or proprietary information of another person;

• Is intended to assist others in defeating technical copyright protections;

• Infringes on another person’s copyright, trade or service mark, patent, or other property right;

• Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

• Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to VORADIAN; or

• Is otherwise malicious, fraudulent, or may result in retaliation against VORADIAN by offended viewers or recipients or is intended to harass or threaten.

Content “published or transmitted” via VORADIAN’s network or equipment includes Web content, email, bulletin board postings, chat, tweets, social media, and any other type of posting or transmission that relies on the Internet Services provided by Voradian.

Live Events

You and/or your End-Users may not use VORADIAN’s Services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. VORADIAN may prohibit the streaming of other live events where there is a special risk, in VORADIAN’s reasonable discretion, that the event may violate the Offensive Content section above.

Copyrighted Material

You may not use VORADIAN’s network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:

• You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or

• You are otherwise permitted by established copyright law to copy the work in that manner.

It is VORADIAN’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

Shared Systems

You and/or your End-Users may not use any shared system provided by VORADIAN in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of VORADIAN email services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your code if it unnecessarily conflicts with other customers’ use of the services. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

Use of Services Outside the United States

Although we encourage you and your End-Users the use of the Services to place calls to foreign countries from within the United States, we do not presently offer or support the Services in any countries other than the United States and Canada. If you or your End-Users use the Services from outside of the United States or Canada, you and/or such End-Users will be solely responsible for any violations of local laws and regulations resulting from such use.

Other

You may only use IP addresses assigned to you by VORADIAN in connection with your VORADIAN Services. You agree that if the VORADIAN IP numbers assigned to your account or those of your End-Users are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and VORADIAN may take reasonable action to protect its IP numbers, including suspension and/or termination of your Service or that of your End-Users, regardless of whether the IP numbers were listed as a result of your actions or those of your End-Users.

SLA (Service Level Agreement)

No credit will be available under a VORADIAN service level guaranty or agreement, if applicable, for interruptions of service resulting from AUP violations.
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Effective Date: This General Acceptable Use Policy is effective as of March 12, 2017
Last Updated: January 14, 2018

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