Votacall Acceptable Use Policy
1. Definitions:
- "Service" – shall mean the products and services that are being provided to you as described in any quote or order form, including, but not limited to, Votacall’s Unified Communication services, collaboration services, the Messaging Services, and any associated software, hardware or web-based platform. "Service" shall also include any additional Services provided to you as described in any addendum or amendment.
- "Device" – shall mean a Votacall-provided telephone, telephone adapter ("Adapter"), router, or other Votacall-provided device used with the Services.
- "Fax, SMS, or MMS Broadcasting" and "Fax, SMS or MMS Blasting" – shall mean sending the same message by fax, SMS, or MMS to six (6) or more recipients at the same time, one after another.
2. General Terms. Any and all use of Votacall’s Service is subject to and conditioned upon compliance with the following Acceptable Use Policy (“AUP”). If you have an Agreement with Votacall, this AUP is incorporated into and made a part of your Agreement with Votacall. The Services (including any device, system, network, or account used in connection with the Services, or the Votacall Network) may not be used to:
- Illegal activity. Violate any applicable law, including U.S. federal, state, or local laws or regulations, or any applicable law or regulation of any foreign jurisdiction, including applicable laws regarding the recording of communications.
- Auto-dialing; trunking; traffic pumping. Perform auto-dialing or “predictive dialing” in an abusive manner; trunk or forward your Votacall phone or fax number to other numbers that handle multiple simultaneous calls or to a private branch exchange (PBX) or a key system; traffic pumping or access stimulation of calls through the Services or the Votacall Network.
- Objectionable activity. Act in an indecent, offensive, threatening, harassing, defamatory, libelous, fraudulent, malicious, disruptive, tortious, or other objectionable manner; or create a false caller ID identity (i.e., ID spoofing), forge addresses or headers, or otherwise mislead others about a sender’s identity or origin.
- Excessive or unauthorized use. Use any device, system, network, account, plan, or the Services in an unauthorized manner or in excess of reasonable business use.
3. Unlimited Services. Votacall reserves the right to periodically review usage levels of any unlimited service plans, including, but not limited to, minutes, data, messages, and API calls ("Unlimited Plan(s)"), to ensure that you are not using such service in violation of this AUP and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. You agree to use the Unlimited Plan for services of a quantity or duration comparable to that of the average customer presently utilizing Votacall’s services and will not employ methods, devices or procedures to take advantage of unlimited plans by using the services excessively or for means not intended by Votacall. Excessive use is defined by Votacall as use that substantially exceeds the average volume or duration of calls, data or messages used by all other Votacall Unlimited Plan customers using the same service or attempting to originate or terminate multiple concurrent phone calls, faxes, or messages through any single line of service. Votacall may terminate your service or change your service plan if, in its sole discretion, Votacall determines that your use of the Unlimited Plan violates this prohibition or is otherwise "unreasonable" or results in abuse of the Unlimited Plan.
We consider your use of our Service to be "unreasonable" and therefore subject to immediate termination if you:
- Re-sell, re-brand, re-supply, re-market or commercially exploit our Unlimited Plans, without our written consent, in order to aggregate traffic from more than one customer over an "unlimited" line or trunk;
- Set up routing functionality such that only outbound long-distance traffic is sent over the Unlimited Plan;
- Engage in any other conduct which is fraudulent, illegal, harassing or results in significant network congestion, or degradation.
We consider your use of our Service to be "abusive" and subject to immediate termination or adjustment if you utilize:
- Auto-dialing, predictive dialing, or robocalling.
- Continuous, repetitive or extensive call forwarding.
- Harassing, threatening or abusive calls, faxes or messages.
- Unsolicited calls, faxes or messages if such unsolicited activities could reasonably be expected to, or actually do in fact, provoke complaints.
- False information for you or any users of the Service.
- Continuous or extensive chat line or conference call participation.
- Free conference calling or similar services that participate in traffic simulation practices or schemes that result in excessive charges.
- Repetitive and/or continuous messaging or calling to the same destination number if such activity could reasonably be expected to, or in fact does, provoke complaints.
- Calls that do not consist of uninterrupted live human voice dialog by and between natural human beings.
- Continuous call session connectivity
- Fax, SMS or MMS Broadcasting and/or Blasting
- Any other activity that would be inconsistent with reasonable personal, residential and business use patterns, causes network congestion or jeopardizes the integrity of Votacall’s network.
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