Acceptable Use Policy
This Acceptable Use Policy (“AUP”) describes actions that the Carrier of Record (“SIPEngines”) and its Resellers prohibit when any party using its Services. By ordering or using services from SIPEngines or its Resellers, you, the Customer or Service Recipient, agree to the terms of this AUP. Each Customer or Service Recipient must review and comply with this AUP and all applicable laws, but this AUP is not intended to be interpreted as, relied upon, or used as a substitute for legal advice. You agree not to use, and not to encourage or allow any other person to use, services provided by SIPEngines or its Resellers in unlawful or prohibited manners, including, but not limited to, the following:
- Using the Services to engage in any activities that are illegal, abusive, false, fraudulent, deceptive or misleading, or any activity that exploits, harms, or threatens to harm children.
- Engaging in any unsolicited advertising, marketing, or other unlawful activities using the Services, including without limitation, any activities that violate laws applicable to advertising, electronic communications, and telemarketing, including, but not limited to, Section 5 of the FTC Act (15 U.S.C. § 45), the CAN-SPAM Act (15 U.S.C. §§ 7701-7713), the Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), the Federal Trade Commission Telemarketing Sales Rule (16 C.F.R. § 310 et seq.), the Telephone Consumer Protection Act (47 U.S.C. §§ 227), the Federal Communications Commission regulations (47 C.F.R. § 64.1200 et seq.) and orders implementing the Telephone Consumer Protection Act, all federal and state Do Not Call and calling-time restriction laws and regulations, and, as applicable for calls to Canadian numbers, the CRTC’s Unsolicited Telecommunications Rules, including the CRTC Telemarketing Rules, National DNCL Rules, and Automatic Dialing and Announcing Device Rules, Telecom Decision CRTC 2007-48, as amended.
- Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call, including failing to comply with the Truth in Caller ID Act, 47 U.S.C. § 227, and implementing regulations, 47 C.F.R. § 64.1604.
- Using services provided by SIPEngines or its Resellers in any way that fails to conform to any applicable industry guidelines and standards, including, without limitation, the CTIA Messaging Principles and Best Practices, Short Code Registry Best Practices and Short Code Monitoring Handbook.
- Attempting to bypass or disable any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk.
- Reverse-engineering the Services for any improper purpose.
- Using the Services in any manner that may subject SIPEngines or its Resellers or any other third party to liability, damages, or danger.
- Launching or facilitating a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
- Transmitting any material that contains viruses, trojan horses, worms or any other malicious or harmful programs.
- Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended, unless you have signed a Business Associate Agreement directly with SIPEngines or its Resellers or your use of the Services fits within an exception for requiring a Business Associate Agreement.
- Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
- Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
This list of prohibited uses is meant to be illustrative and should not be considered
exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by SIPEngines or its Resellers in
its sole, reasonable discretion. SIPEngines or its Resellers reserve the right to change or modify the terms of the AUP at any time,
effective immediately when posted to the website. Customer’s use of these Services after
changes to the AUP are posted to the website shall constitute acceptance of any changed or additional terms.
If you have a complaint about abuse or a breach of this AUP, please contact a representative.
If
you violate these Terms, we may stop providing Services to you or we may close your account. We may also block
delivery of a communication (such as a telephone call or SMS) to or from the Services in an effort to enforce
these Terms. When investigating alleged violations of these Terms, SIPEngines or its Resellers reserve the right to review the content
of your communications in order to resolve the issue. But we cannot monitor the entire Services, and make no claim
or attempt to do so.
Acceptable Use - Calling Minutes
Plans that include unlimited calling are intended for reasonable business use and are subject to an aggregate monthly usage allowance of 1,000 calling minutes per active user on the Customer’s account. Usage is pooled at the account level; therefore, the total monthly allowance equals 1,000 minutes multiplied by the number of active users on the account during the applicable billing period. Unused minutes do not carry over to future billing periods. If the Customer or Service Recipient exceeds the aggregate allowance, SIPEngines or its Resellers may, upon notice, charge for excess usage at its then-current rates, require the Customer or Service Recipient to move to an appropriate usage-based plan, or take other reasonable measures to address excessive use.