Acceptable Use Policy
A. High Risk Use
YOU ACKNOWLEDGE THAT THE PLAN SERVICES ARE NOT
DESIGNED, MANUFACTURED, INTENDED, OR RECOMMENDED FOR
USE FOR ANY HIGH-RISK OR FAIL-SAFE PURPOSE OR ACTIVITY OR
IN ANY ENVIRONMENT WHERE FAILURE, INTERRUPTION,
MALFUNCTION, ERROR, OR UNAVAILABILITY COULD RESULT IN
SUBSTANTIAL LIABILITY OR DAMAGES, PHYSICAL HARM OR
PERSONAL INJURY, DEATH OR DISMEMBERMENT, OR PROPERTY
OR ENVIRONMENTAL DAMAGE. YOU REPRESENT AND WARRANT
THAT YOU AND YOUR END USERS WILL NOT USE THE PLAN
SERVICES FOR ANY SUCH PURPOSE OR ACTIVITY OR IN ANY SUCH
ENVIRONMENT.
B. Acceptable Use
NEITHER YOU NOR ANY OF YOUR END USERS SHALL USE THE
PLAN SERVICES FOR ANY ILLEGAL, FRAUDULENT, IMPROPER, OR
ABUSIVE PURPOSE OR IN ANY WAY THAT INTERFERES WITH
COMPUDILE INC’S ABILITY TO PROVIDE HIGH QUALITY SERVICES
TO OTHER CUSTOMERS, PREVENTS OR RESTRICTS OTHER
CUSTOMERS FROM USING THE SERVICES, OR DAMAGES ANY
COMPUDILE INC’S OR OTHER CUSTOMERS’ PROPERTY.
Fraudulent/Prohibited Use; Critical Harm; Suspension/Termination.
Customers shall not and shall ensure that end users do not, and shall not
authorize, assist, or enable any other third party to, use the Services in any
manner that violates this AUP (an “AUP Violation”).
a. To the extent Customer, or its end users have violated this AUP, or
Compudile has a reasonable belief of such a violation, Compudile may
suspend the Services in a manner reasonably tailored to address the
non-compliant usage (except with respect to Critical Harm, as defined below)
upon prior written notice to the extent commercially feasible, including a
description of the AUP Violation(s) or possible AUP Violation(s) along with
the written or electronic documentation supporting Compudile’s
determination, to the extent such documentation is available using
commercially reasonable efforts. If any AUP Violation is found, Customer, in
conjunction with Compudile, shall promptly take necessary steps as soon as
possible to prevent further AUP Violation(s).
b. If Customer is unable or unwilling to take all necessary steps to prevent
Customer AUP Violation(s) of an affected Service within three business days
from receipt of notice to Customer of such AUP Violation, Compudile may
suspend the affected Service in whole or in part, by giving written notice to
Customer.
c. If Customer is unable or unwilling to take all necessary steps to prevent
Customer AUP Violations of an affected suspended Service within twenty
business days from receipt of notice of suspension of the affected Service,
Compudile may terminate the suspended Service by giving written notice to
Customer, and Customer shall be liable for all charges for the terminated
Service through the end of the applicable Term.
d. Notwithstanding any provision to the contrary, Compudile reserves the
right to act immediately and without notice suspend any Service in response
to a court order or government notice that certain conduct of Customer with
respect to such Service must be stopped or if, applying standard network
management practices, Compudile reasonably determines that, with respect
to such Service, suspension is necessary to prevent (1) exposure of
Compudile to sanctions or prosecution, or (2) material harm to the
Compudile network, Compudile customers or Compudile third party vendors,
or (3) would cause or causes unauthorized usage charges (collectively,
“Critical Harm”). Compudile shall provide Customer with written notice of
the suspension(s) as soon as commercially reasonably possible thereafter, and
Compudile will remove any such suspension(s) as soon as commercially
reasonably possible after the Critical Harm has been averted. Any such
suspension(s) shall be for the minimum period commercially reasonably
required to avert the Critical Harm.
e. Customer is solely responsible for any and all use of the Services
purchased pursuant to the Agreement except to the extent caused by
Compudile’s gross negligence or willful misconduct. Subject to the
foregoing, if either party becomes aware of any prohibited, fraudulent or
unauthorized use of the Services purchased under Customer’s Account, such
party shall promptly notify the other.
f. Customer agrees to provide Compudile with any information Compudile
reasonably requests to investigate and resolve issues relating to Customer’s
Account.
Prohibited Conduct/Use
Compudile Products and Services must be used for lawful purposes only and
in a manner consistent with the intended purpose of Compudile Products and
Services. Users shall not use Compudile Products and Services to distribute,
record, transmit, post, receive, use or store any type or kind of material that:
• is illegal, improper or inappropriate
• violates any local, state, or federal laws and regulations.
• may expose Compudile to criminal liability.
• may adversely affect Compudile Products and Services or other
Compudile customers or Users.
• is threatening, abusive, harassing, defamatory, libelous, deceptive, or
invades another's privacy.
• Spamming or blasting (e.g., sending seventy-five (75) or more bulk
and/or junk voicemail or faxes simultaneously).
• Bulk call-in lines (e.g., customer support or sales call centers unless
Customer has purchased the Compudile call center service,
“hotlines,” 900 numbers, sports-line numbers, etc.).
• Auto-dialing or “predictive” dialing (i.e., non-manual dialing or
using a software program or other means to continuously dial or
place outbound calls); or
• use an email box exclusively as storage space for data.
Customers 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 Customer access another provider or network using
the Compudile Products and Services, such Customer must comply with the
provider or network’s rules and policies. Customer agrees to indemnify,
defend and hold Compudile harmless from all claims, damages, losses and
expenses (including attorneys’ fees and expenses) resulting from or allegedly
resulting from such Customer’s access or use of other providers or networks.
Removing or Blocking Communications
Compudile may remove or block communications including calls to certain
countries determined solely by Compudile if Compudile suspects a violation
of this AUP, or if Compudile deems it necessary in order to protect
Compudile Products and Services, Compudile’s network, employees,
customers or third parties from harm, fraud, and/or if required by Applicable
Law. Compudile may take such action without advanced notice if required to
protect Compudile and other Compudile customers in Compudile’s sole
discretion. Any permitted removal of blocks to certain countries requires a
written waiver of liability by Customer.
Inappropriate Content
Customers shall not use Compudile Products and Services to distribute,
record, transmit, post, receive, use or store material that is inappropriate, as
reasonably determined by Compudile, or material that is obscene (including
child pornography), defamatory, libelous, threatening, abusive, hateful or
excessively violent.
Harmful Content
Customers shall not use Compudile Products and Services to distribute,
record, transmit, post, receive, use or store material that may be harmful to,
or interfere with, Compudile 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
Customers shall not use Compudile 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. Customers 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)
Customers shall not use Compudile 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”). Customers are prohibited from
using the services of another provider to distribute spam or to promote a site
hosted on or connected to Compudile Products and Services. Customers shall
not use Compudile 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.
Intellectual Property
Material accessible through Compudile 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. Customers
shall not use Compudile Products and Services in any manner that would
breach, dilute, misappropriate or otherwise violate any such rights.
Third Party Rules
Customers may have access through Compudile Products and Services to
search engines, chat rooms, bulletin boards, Web pages and services or other
services that publish rules, guidelines or agreements to govern their use.
Customers must adhere to any such rules, guidelines or agreements.
Inappropriate Actions
Customers shall not use Compudile Products and Services to conduct
activities that may be harmful to, or interfere with, Compudile Products and
Services or any third party’s networks, systems, services, or Web sites, and
shall not reverse engineer any Compudile Products or Services. This
includes, but is not limited to, mail bombing, flooding or denial of service
attacks. Customers are prohibited from violating or attempting to violate the
security of Compudile Products and Services, or the computers, accounts, or
networks of another party. Customers are prohibited from any activity
considered a precursor to attempted security violations, including any form of
probing, scanning or other testing of information gathering activity.
Inappropriate activity may result in civil or criminal liability. Compudile will
investigate such activity, and may involve and cooperate with law
enforcement authorities in prosecuting Customers involved in such activity.
Responsibility for Content
Compudile assumes no responsibility for any material created, submitted, or
accessible on or through Compudile Products and Services. Compudile is not
obligated to monitor or exercise any editorial control over such material but
reserves the right to do so. Should Compudile become aware that any such
material may violate this AUP or expose Compudile to civil or criminal
liability, Compudile reserves the right to block access to such material and
suspend or terminate any User creating, recording, storing or disseminating
such material. Compudile further reserves the right to cooperate with legal
authorities and third parties in the investigation of alleged wrongdoing,
including disclosing the identity of the User that Compudile deems
responsible for the wrongdoing.
Fair and Reasonable Use
Compudile desires that Customers understand the intended and permissible
uses of Compudile Products and Services, and further desires to prevent
fraud, exploitation and abuse of certain Compudile calling plans and features.
Compudile’s business service plans and features are for normal, reasonable
business use and consistent with the types and levels of usage by typical
customers on the same business calling plan. "Typical" refers to the calling
patterns of at least 95% of Compudile’s business customers on the same
business calling plan. Certain calling and messaging plans, including
unlimited calling and messaging plans, are designed for normal commercial
use and are not intended to represent typical usage by unique organizations
such as call centers or resellers (unless permitted by Compudile), fax
messaging services, telemarketing firms, or for use without live dialog, such
as transcription services, intercom or monitoring services. Unauthorized or
excessive use beyond that normally experienced by other Compudile
customers may cause extreme network capacity and congestion issues and
interfere with Compudile's network and the third-party networks with which
Compudile connects for call initiation and completion services. Any use of
the Compudile Products and Services or any other action that causes a
disruption in the network integrity of Compudile Products and Services or its
vendors, whether directly or indirectly, is strictly prohibited and may result in
suspension or termination of the Services.
a. Evaluation of Usage. The following is a non-exhaustive list of
impermissible uses under Compudile's calling plans and is considered outside
of normal use, whether obtained directly from Compudile, an authorized
reseller, or from a co-branded Compudile partner:
• Resale to others (unless approved by Compudile);
• Without live dialog, including use as a monitor or for transcription
purposes;
• Iterative dialing; Fax broadcast or Fax blasting; Telemarketing uses
not pre-approved by Compudile in writing, further subject to
compliance with Applicable Laws; and Call or contact center uses
not used in conjunction with Compudile pre-approved contact center
systems or software platforms, or not otherwise pre-approved by
Compudile in writing.
b. Review of Usage. Compudile reserves the right to review usage of the
Service(s) to ensure that Customers are not abusing or excessively using
Compudile Products and Services, and Compudile may suspend or terminate
service pursuant to this AUP and the Service Terms if it determines, in its
sole discretion, Customer is abusing the Compudile Products and Services.
As a guide, in combination with other factors as described herein, Customer
may be considered to be in violation of this AUP when any of the following
occur:
• Aggregate outbound domestic long-distance calling exceeding 5,000
minutes per Unlimited Extension or Premier seat per month pooled
across all customer Unlimited Extension or Premier seat lines;
• Non-Bundled Toll-Free Number (TFN)s: TOLL FREE: Provider
charges 2.9 cents per minute for toll free inbound calls. The monthly
invoice will be sent by Provider for EACH toll free phone number
assigned to Customer. If Customer doesn’t have a toll free phone
number then these charges do not apply
• Bundled TFN: the monthly TFN minutes and charge for the bundled
TFN service is determined based upon the bundle package
purchased by Customer. If Customer’s usage exceeds the bundled
minute allotment, Customer will be charged a $0.039 USD/minute
overage charge;
• Facsimile pages exceeding 650 pages per month.
c. Excessive Usage; Charges. If Customer's usage is excessive or abusive
based on the above, Compudile reserves the right to charge, and Customer
agrees to pay, a per minute fee as follows:
• Outbound domestic long-distance calling - $0.029 USD per minute
• Facsimile pages - up to $.05 USD per facsimile page
• Bundled TFN - $0.039 USD/minute
• Flat Rate/Unbundled TFN - $0.029 USD/minute
Compudile will afford Customer the opportunity to correct abnormal usage
patterns, but if Customer fails to immediately conform to normal use after
Compudile’s notice, Compudile reserves the right to charge the
above-reference usage amount(s), and Compudile may exercise its right to
transfer Customer's service to a more appropriate calling plan, charge
applicable rates for that plan, implement other limitations, or suspend or
terminate the relevant Compudile Products and Service(s) pursuant to this
AUP and the Service Terms.