- 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.
- Acceptable Use
YOU SHALL NOT USE THE PLAN SERVICES FOR ANY ILLEGAL, FRAUDULENT, IMPROPER, OR ABUSIVE PURPOSE OR IN ANY WAY THAT INTERFERES WITH Southwest Telephone’S ABILITY TO PROVIDE HIGH QUALITY SERVICES TO OTHER CUSTOMERS, PREVENTS OR RESTRICTS OTHER CUSTOMERS FROM USING THE SERVICES, OR DAMAGES ANY Southwest Telephone’S OR OTHER CUSTOMERS’ PROPERTY.
A breach of obligations in this Section 5 (Use Policies) constitutes a material breach of these TOS, such that Southwest Telephone may suspend service, terminate the Agreement immediately, or take any other action Southwest Telephone deems necessary to provide the Plan Services to you and others; to protect you, the Plan Services, and the Southwest Telephone networks; and to enforce the terms of this Section.
Neither You nor any End User may use or allow use of the Plan Services in any of the following ways:
- (i) Illegal or inappropriate behavior.Using the Plan Services in any manner that is in violation of applicable Law, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.
- (ii) Distracted driving.You are responsible for the safe use of the Plan Services for any End User accessing Your account. You shall require the End Users of Your Plan Services to become familiar and comply with all local laws before using a wireless device and mobile applications while operating a motor vehicle. Never text or use text-based messaging (including Glip) while driving. For more information see nhtsa.gov (click on “Driving Safety” then on “Distracted Driving”).
- (iii) Spamming. Sending messages or advertisements, including email, voicemail, SMS, or faxes, without the consent of the recipient or otherwise in violation of applicable Law.
- (iv) Blasting.Intentionally engaging in blasting or broadcasting bulk communications, advertisements, or messages, including without limitation through email, voicemail, SMS, facsimile, or internet facsimile, except where expressly permitted herein.
- (v) Harvesting information.Harvesting or otherwise collecting information about others, including email addresses, without their consent or in breach of applicable data protection or privacy laws.
- (vi) Auto-dialing.Performing auto-dialing or ‘predictive’ dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls) in violation of applicable Law, or in an excessive or otherwise abusive manner (as Southwest Telephone may determine in its discretion).
- (vii) Transmitting viruses.Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
- (viii) ID spoofing.Creating a false Caller ID identity (“ID spoofing”) or forged email/SMS addresses or headers, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Plan Services.
- (ix) Infringement of rights.Transmitting any material that may infringe, misappropriate, or otherwise violate the Intellectual Property rights, rights of privacy, personality, or publicity or other rights of Southwest Telephone or third parties, including but not limited to the display or use of any Southwest Telephone Mark in any manner that violates Southwest Telephone’s then-current policies on its trademark and logo usage or without Southwest Telephone’s express prior written permission, or display or use of any Third-Party Mark without the prior written permission of the third party that owns any such Third-Party Mark.
- (x) Derivative Works.Undertaking, directing, attempting, causing, permitting, or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Plan Services or any other software or hardware provided by Southwest Telephone and used in conjunction with the Plan Services.
- (xi) Illegal communications.Transmitting any communication that would violate any applicable Law, or using the Plan Services to facilitate any illegal activity.
- (xii) Excessive usage.Utilizing the Plan Services in excess of what, in Southwest Telephone’s reasonable discretion, would be expected of normal business use.
- (xiii) Interfering with another customer’s use of the Plan Services.Using the Plan Services in any way that interferes with, disrupts, prevents or restricts other customers’ and third parties’ use and enjoyment of the services.
- (xiv) Network Interference.Interfering with, or disrupting, networks or systems connected to the Plan Services.
- (xv) Avoiding compliance.Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid compliance with the Agreement or applicable Law.
- (xvi) Granting rights to third parties with respect to the Plan Services.Selling; reselling; distributing; leasing; exporting; importing; or otherwise granting or purporting to grant rights to third parties with respect to the Plan Services, and any software or hardware used in conjunction with the Plan Services or any part thereof without Southwest Telephone’s prior written consent.
- (xvii) Unauthorized usage.Undertaking, directing, attempting, causing, permitting, or authorizing the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Plan Services or any software and hardware used in conjunction with the Plan Services, or part thereof.
- (xviii) Circumvention of security measures.Defeating, disabling, or circumventing any security mechanism related to the Plan Services.
- (xix) Interception.Intercepting, capturing, sniffing, monitoring, modifying, emulating, decrypting, or redirecting, any communication or data for any purpose, including, without limitation, by causing any product to connect to any computer server or other device not authorized by Southwest Telephone or in any manner not authorized in advance in writing by Southwest Telephone.
- (xx) Unauthorized repair.Allowing any service provider or other third party – with the sole exception of Southwest Telephone’s authorized maintenance providers acting with Southwest Telephone’s express, prior authorization – to use or execute any software commands that facilitate the maintenance or repair of any software or hardware used in conjunction with the Plan Services.
- (xxi) Unauthorized Access.Gaining access to or using (or attempting to gain access or use) any device, system, network, account, or plan in any unauthorized manner (including without limitation through password mining).
- (xxii) Trunking.Engaging in or to allowing trunking or forwarding of Your Southwest Telephone telephone or facsimile number to (an)other number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
- (xxiii) Traffic Pumping.Engaging on or allowing traffic pumping or access stimulation of calls through Your Plan Services or the Southwest Telephone systems.
- (xxiv) Using any Southwest Telephone Mark without consent.Displaying or using any Southwest Telephone Mark in any manner in violation of the applicable Southwest Telephone Party’s then-current policies on its trade mark and logo usage or without the applicable Southwest Telephone Party’s express, prior written permission, to be granted or denied in that Southwest Telephone Party’s sole discretion.
- (xxv) Using any Third Party Mark without consent.Displaying or using any Third Party Mark without the prior, written consent of the third party that owns the Third Party Mark.
- (xxvi) Protected Health Information.If You qualify as a “covered entity,” “business associate,” or “subcontractor” under HIPAA or are otherwise subject to HIPAA: (1) storing protected health information (“PHI”) on a non-temporary basis, transmitting or receiving PHI; or otherwise using the Plan Services without the Southwest Telephone HIPAA Conduit setting being active and in effect.
- Customer Legal Compliance
You represent and warrant that all use and Usage of the Plan Services, and Your Account(s), will at all times comply with all applicable Laws, including but not limited to the rules, policies and regulations of the Federal Communications Commission (“FCC”) or the Canadian Radio-Television and Telecommunications Commission (“CRTC”), as applicable, and all Laws relating to Do-Not-Call provisions; unsolicited marketing; telemarketing; faxing; email marketing; spamming or phishing; data security or privacy; international communications; account or debt collection; recording of calls or conversations; export control; export of technical or personal data; end user, end-use, and destination restrictions imposed by the United States, Canada, or foreign governments; consumer protection; pornography; trade practices; false advertising; unfair competition; anti-discrimination; harassment; defamation; intellectual property; or securities.
- Unsolicited Advertisements and TCPA Compliance
Certain communication practices – including without limitation, the placing of unsolicited calls; the placing of commercial messages; the sending of unsolicited facsimile, internet facsimile, SMS, or other messages; and the use of certain automated telephone equipment to place certain calls – are regulated in the United States by the Federal Telephone Consumer Protection Act of 1991 (also known as the “TCPA”) (available at http://www.fcc.gov/document/telephone-consumer-protection-act-1991), the Junk Fax Prevention Act of 2005, and under a number of similar state, municipal or local laws, regulations, codes, ordinances and rules, and in Canada by the CRTC pursuant to Canada’s Anti-Spam Law (“CASL”) (available at http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html).
You agree, represent and warrant that:
- You are the creator of the content of, and are solely responsible for determining the destination(s) and recipient(s) of, all outbound communications made using Your Plan Services (“Customer Communication”);
- All content, communications, files, information, data, and other content provided for transmission through Your Office Plan, and Account, or the Plan Services will be provided solely for lawful purposes, and in no event shall any Customer Communication or any content thereof be in violation of the TCPA, Junk Fax Prevention Act, CASL, or any other Law; and
- No unsolicited advertisements, commercial messages, solicitations, marketing or promotional materials, or commercial messages or content will be transmitted or distributed in the form of facsimiles or internet facsimiles through the Plan Services.
At Southwest Telephone’s sole option and without further notice, Southwest Telephone may use technologies and procedures, including without limitation, filters, that may block or terminate such unsolicited advertisements without delivering them.
You agree to indemnify and hold harmless Southwest Telephone, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising: (i) out of Your violation or alleged violation of the TCPA, Junk Fax Prevention Act, CASL, or any similar regulation or legislation; or (ii) otherwise related to any voicemail, text, and/or fax spam, solicitations, or commercial messages that You may send and/or receive using the Plan Services.
- Export Restrictions
You acknowledge and agree that the software and/or hardware used in conjunction with the Plan Services may be subject to Canada, United States and other foreign Laws and regulations governing the export, re-export, and/or transfer of software by physical or electronic means. You agree, represent, covenant, and warrant that: (i) neither You nor any End User (nor any entity or person that controls You or any End User): (a) is located in an Embargoed Area or listed on any Export Control List or (b) will export or re-export any Southwest Telephone software or hardware into any Embargoed Area or to any person, entity, or organization on any Export Control List, or to any person, entity, or organization subject to economic sanctions due to ownership or control by any such person, entity, or organization, without prior authorization by license, license exception, or license exemption; and (ii) the Plan Services and Southwest Telephone software and/or hardware will not be Used or accessed from any Embargoed Area.
- Recording Conversations or Calls
Certain features of the Plan Services may allow You or users of the Plan Services to record calls or other communications. The notification and consent requirements relating to the recording of calls, and/or other communications may vary from state to state, province to province, and country to country. You should consult with an attorney prior to recording any communication, as some jurisdictions may require the prior consent of all parties to a recorded communication. You represent, covenant, and warrant that You will review all applicable Laws before You use or allow use of the Plan Services to record any communications and will at all times comply with all applicable Laws. You agree to inform all users of Your Account that they are obligated to comply with all Laws relating to their use of the call recording feature. Violations of call recording Laws may be subject to criminal or civil penalties.
Southwest Telephone expressly disclaims all liability with respect to Your recording of telephone conversations. You agree to indemnify and hold harmless Southwest Telephone, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising out of Your violation or alleged violation of any call recording Laws. Southwest Telephone expressly disclaims all liability and all warranties with respect to recording of conversations and/or calls.