Effective Date/Last Revised: August 1, 2017
The main objectives of this Acceptable Use Policy (“Policy” or “AUP”) are to provide you and your company with reliable and stable access to the DialogTech’s platform and software, to protect the privacy and security of your company’s data and information, and to assure compliance with applicable laws and regulations. This AUP outlines unacceptable use of DialogTech’s software and platforms, which interact with, or access, the Internet (the “Services”). While it is not our intent to actively monitor your use of the Service, we may take such actions as deemed appropriate when we become aware of a violation of this AUP. This Policy is in addition to any other terms and conditions under which DialogTech provides the Services to you (the “Agreement”). Any use of the word “you” in here refers to any user to whom you grant access to use the Service under the terms of the Agreement, including Third Party Users. Third Party Users are any users permitted to access parts of the Service, under the terms of the Agreement, without using a UserID, including parties granted access to look at reports deployed via the Service. DialogTech may make reasonable modifications to this Policy from time to time by posting a new version of this document on the DialogTech website. Revisions are effective immediately upon posting. Accordingly, we recommend that you visit the DialogTech website regularly to ensure that your activities conform to the most recent version.
1. PROHIBITED USE
1.1 Illegal and Criminal Activity / Security Violations /Threats – As a customer of DialogTech, you may not use the Service to engage in illegal, abusive, or similar behavior, including but not limited to:
a. criminal or civil violations of state, federal, or international laws, regulations, or other government requirements where such violations include but are not limited to theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information;
b. unauthorized access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of either the Service or another system or network or to breach security or authentication measures, without express prior written authorization of the owner of the system or network;
c. interference to the Service or any user, host or network including, without limitation, mail bombing, flooding, and deliberate attempts to overload a system;
d. use of an account without the owner’s authorization;
e. collecting information by deceit, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, phishing, security hole scanning, and port scanning;
f. use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user without authorization;
g. any activity or conduct that is likely to result in retaliation against the Service orDialogTech;
h. introducing intentionally or knowingly into the Service any virus, contaminating program or script code; or fail to use an up to date virus-scanning program on all material downloaded from the Services;
i. transmission of materials of threatening nature, including threats of death or physical harm, harassment, libel, racism, sexual or religious discrimination, defamation or similar actions of such nature; or
j. any other activity or conduct that unreasonably interferes with the Service, or other customers’ use of the Service.
1.2 Offensive Content – As a customer of DialogTech, you may not publish, display or transmit via the Service* any content that we reasonably believe:
a. is unfair or deceptive under the consumer protection laws of the applicable jurisdiction, including chain letters and pyramid schemes;
b. is defamatory or violates a person’s privacy;
c. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement bodies;
d. improperly exposes trade secrets or other confidential or proprietary information of another person;
e. is intended to assist others in defeating technical copyright protections;
f. infringes another person’s trade or service mark, patent, or other property right;
g. is discriminatory in any way, including by way of sex, race, or age discrimination;
h. constitutes or encourage child pornography or is otherwise obscene, sexually explicit or morally repugnant;
i. facilitates any activity or conduct that is or may be defamatory, pornographic, obscene, indecent, abusive, offensive or menacing;
j. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
k. involves theft, fraud, drug-trafficking, money laundering or terrorism;
l. is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to DialogTech; and
m. is otherwise malicious, fraudulent, or may result in retaliation against DialogTech by offended viewers.
1.3 Copyrighted Material – As a customer of DialogTech, you may not use the Service to publish, distribute, or otherwise copy in any manner any text, music, software, art, image or other work protected by copyright law unless your company:
a. has been expressly authorized by the owner of the copyright for the work to copy the work in that manner; and
b. is otherwise permitted by copyright law to copy the work in that manner.
1.4 Service Restrictions – As a customer of DialogTech, you may not use DialogTech’s software or platform to:
a. Collect or process credit card information;
b. Transmitting any E911 or related short digit emergency dialing or SMS;
c. Resell DialogTech’s services, in whole or in part, to any entity or individual, without DialogTech’s prior written consent, or misrepresenting your relationship with DialogTech;
d. Generate robo-phone calls, robo-SMS, unsolicited or undesired phone calls or SMS (collectively “spam”);
e. Transmit exports (data-files or graphical reports) from DialogTech’s platform to recipients not authorized to receive such exports;
f. Send SMS to recipients that have not provided their consent to receive SMS via some affirmative means, such as an opt-in procedures; or
g. Use LeadFlow, a lead generation service to offer virus protection or virus removal services in the form of pop-up advertisement and/or other similar virus-like techniques that lockup, otherwise impact or appear to impact functionality of a user’s computer or other device(s), or similar tactics which have been deemed in violation of U.S. Federal Trade Commission regulations.
1.5 REGULATIONS ON USAGE OF DIALOGTECH’S SERVICE. You are directly and solely responsible for compliance with applicable laws, including without limitation for filing, subscribing, or holding appropriate regulatory compliance documentation as required by competent jurisdictions. The laws and rules applicable to your company, will depend on the laws in the jurisdictions in which the caller or SMS recipient’s data is captured. Such laws include but are not limited to:
a. CAN-SPAM Act;
b. Canada’s Anti-Spam Laws (CASL)
c. E.U. – US Privacy Shield;
d. General Data Protection Regulation; and
e. Telephone Consumer Protection Act.
2. CONSEQUENCES OF PROHIBITED USE AND VIOLATIONS OF THIS POLICY
2.1 Violations of this AUP may result in (a) removal of offending materials or phone numbers; (b) termination of, or partial or full suspension of your use of the Service; or (c) other reasonable actions appropriate to address the violation. We shall make reasonable efforts to contact you so that violations may be addressed voluntarily by you however we reserve the right to act without notice when necessary to preserve the stable, secure and uninterrupted operations of the Service.
2.2 You may be requested by DialogTech to bring the offending materials or phone numbers into compliance with this AUP and the Agreement. Any costs incurred by you in conjunction with this shall be borne solely by you and your company.
2.3 We may involve, and will cooperate with, law enforcement agencies and government agencies if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.
2.4 With the exception of our gross negligence or willful misconduct, we shall have no liability whatsoever to you and your company in connection with actions taken by DialogTech in response to your violation of this AUP. Furthermore, you and your company shall not be entitled to any compensation under the Service Level Agreement, contained in the Master Service Agreement, if the cause of the issue is a breach of the AUP by you.
2.5 DialogTech, in its sole discretion, may charge you and your company at our standard rates for Additional Services for work necessitated by it and related to breaches of the AUP by you. Charges will be applied reasonably, but repeated offences will be charged in full. Charges may apply when we are to (i) investigate or otherwise respond to any alleged or actual violation of this AUP by you; (ii) remedy harm caused to DialogTech or any of our other customers by your use of the Service in violation of this AUP or the Agreement; and (iii) respond to third party complaints related to your use of the Service in breach of the AUP.
3. INCIDENT REPORTING.
Any questions about this Policy or complaints regarding violations of this AUP should be directed to email@example.com, and where possible, include details that would assist DialogTech in investigating and resolving the complaint.
* “…publish, display or transmit via the Service” includes web content, email, SMS and any other type of posting, display or transmission, direct or by means of references, that relies on DialogTech’s Services.