Acceptable Use Policy

Customer will:

• be solely responsible for all use of the Services under their Account, including the quality and integrity of all Customer Data provided by you and/or your Users that interfaces with the Services.
• not transfer, resell, lease, license, or otherwise make available the Services to third parties (except to make the Services available to Users as permitted under these Terms) or offer them on a standalone basis;
• use the Services only in accordance with these Terms, the applicable Documentation, any applicable Order Form(s) or Addendums, and applicable law or regulation;
• be solely responsible for all acts, omissions, and activities of anyone in your Account who accesses or otherwise uses our Services including your Users’ compliance with these Terms, the applicable Documentation, and any applicable Order Form(s);
• prevent unauthorized access to or use of the Services and notify us promptly of any such unauthorized access or use;
• provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunications providers; and comply with the representations and warranties you make in Section 14 and 15 (Representations, Warranties, and Disclaimer).
• obtain and maintain all required consents for any communications using the Services or for the acquisition or use of any person’s data or information through the Services;
• not access or attempt to access the Services by any means other than the interfaces or mechanisms provided by CallTrackingMetrics or bypass or attempt to bypass the measures CallTrackingMetrics may use to prevent or restrict access to the Services, or use the Services in any other manner that poses a security or service risk to CallTrackingMetrics or its users;
• not transfer Customer’s Account to any other company or entity without the prior written consent of CallTrackingMetrics;
• not use any trademark, service mark, trade name, or logo of any company or organization in conjunction with the Service in a manner that is likely or intended to cause confusion about the owner or authorized user of such mark, name, or logo;
• not use the Service, or any component of the Services, in any manner not authorized by CallTrackingMetrics; and
• cooperate with CallTrackingMetrics in connection with the investigation of any violation or alleged violation of any provision of this Section 7.

CallTrackingMetrics will not be liable for any loss or damage arising from unauthorized use of your Account.

Customer shall not use the Services to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public. This prohibition includes use of the Services by a hate group or content or communications that originate from a hate group or are exploitative, abusive, or hate speech.

Customer shall not use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, violating others’ rights, or harmful to CallTrackingMetrics’s business operations or reputation, including:

• Violations of Laws: Violating laws, regulations, governmental orders, industry standards, or telecommunications providers’ requirements or guidance in any applicable jurisdiction, including any of the foregoing that require (a) consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications or (b) compliance with opt-out requests for any data or communications. Without limiting the generality of the foregoing, Customer will not, and will not permit any User to, (c) transmit “spam;” transmit unsolicited messages, calls, advertising, telemarketing, chain letters, bulk email, or texts or engage in other similar activities, including, without limitation, any activities that violate anti-spamming laws and regulations, including, but not limited to, the CAN-SPAM Act, the Telephone Consumer Protection Act, Truth in Caller ID Act, and the Do-Not Call Implementation Act; (d) use any Service in a manner that is actually or potentially libelous, defamatory, threatening, harmful, harassing, indecent, obscene, in violation of any of our or a third party’s intellectual property rights, in violation of the privacy rights of any person, or otherwise unlawful under any applicable law or regulation (including, without limitation, laws and regulations regarding the transmission of data or software); or (e) advocate illegal activity or discuss an intent to commit an illegal act.
• Interference with the Services: Interfering with or otherwise negatively impacting any aspect of the Services or any third-party networks that are linked to the Services.
• Reverse Engineering: Reverse engineering, copying, disassembling, or decompiling the Services.
• Falsification of Identity or Origin: Creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications. Without limiting the generality of the foregoing, Customer shall not, or permit any User to, (a) misrepresent an affiliation with, or otherwise impersonate, any person or organization or otherwise attempt to mislead others as to the identity of the sender or the origin of any communication using the Services; (b) re-classify or re-originate traffic or take any other action to make traffic appear as if it: (i) is anything other than the type of traffic delivered to such party (including but not limited to making TDM originated traffic appear to be IP originated) or (ii) originated from a place or on a type of equipment different from the place or type of equipment from where it, in fact, originated; or (c) modify, alter, or delete in any manner calling party number information, originating point codes, or any other signaling information or call detail in connection with the transport and termination of traffic to the called party.

Customer agrees to familiarize itself with and abide by all applicable local, state, national and international laws and regulations applicable to Customer’s use of the Services and the conduct of Customer’s business, and is solely responsible for all acts or omissions that occur under its Account, including without limitation (a) the initiation or making of transmissions using the Services or (b) the content of all such transmissions.

Customer shall not violate the integrity of the Services, including:

• Bypassing Service Limitations: Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.
• Security Vulnerabilities: Finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities.
• Disabling the Services: Any denial of service (DoS) attack on the Services or any other conduct that attempts to disrupt, disable, or overload the Services.
• Harmful Code or Bots: Transmitting code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the Services.
• Unauthorized Access: Attempting to gain unauthorized access to the Services.

Customer will not use (and will require that their end users do not use) CallTrackingMetrics Service for the following which are collectively “Excluded Service”:

• inbound calling made up of high-volume traffic with short call durations (greater than 8 calls per second per 500 channels) with short durations (less than 15 second average call duration) and
• inbound collect calls.

CallTrackingMetrics will have no liability to Customer or Users for any Excluded Service. Customer will be responsible for any fees or charges imposed by payphone operators arising from inbound calling.

If 20% or more of Customer’s completed calls are equal to or less than 6 seconds in length (each a “Short Duration Call”), or (ii) more than 25% of Customer’s total call attempts do not complete (the “Incomplete Call Threshold”), each measured by month, then CallTrackingMetrics may charge Customer a $0.015 surcharge for (i) for each Short Duration Call or (ii) each incomplete call. This surcharge will be in addition to Customer’s per minute usage rates described above. Additionally, CallTrackingMetrics may terminate Customer’s use of the Service with 30 days prior written notice in the event that Customer exceeds the percentage of Short Duration Calls or the Incomplete Call Threshold set forth in this Section in two (2) or more months in any six (6) month period.

CallTrackingMetrics may in its sole discretion temporarily block Prohibited Traffic (defined below), duplicate or repeated numbers dialed in succession, or Short Duration Calls, where CallTrackingMetrics, in its sole discretion, considers the calls or attempted calls to be potentially harmful to the network. CallTrackingMetrics shall have no liability for damages of any type to Customer for actions taken under this clause to protect the integrity of its network.

If CallTrackingMetrics determines to exercise this right, CallTrackingMetrics may, but will not be obligated to, attempt to inform Customer of its intention to apply such controls. CallTrackingMetrics reserves the right to apply such measures without advance notice should immediate action be required, in CallTrackingMetrics’ sole and absolute discretion, to protect the integrity of its network or the rights of other users.

Under no circumstances will Customer send any traffic using the Service that may be construed by the Federal Communications Commission (“FCC”), Federal Trade Commission (“FTC”), or any other regulatory authority to violate any law, rule or regulation (“Prohibited Traffic”). “Prohibited Traffic” includes, but is not limited to, “Robo generated calls,” “blaster” calls, calls initiated by automated dialing equipment designed to play a pre-recorded message not in compliance with FCC, FTC or any other regulatory authority, and sequential number dialing for purposes of obtaining certain information.