Introduction

The intent of this Syndeo, LLC d/b/a Broadvoice (“Broadvoice”) Acceptable Use Policy (“AUP”) is improving the use of the Broadvoice services, including the GoContact Call-Center Solution, (the “Services”) by proactively preventing unacceptable use. All Broadvoice subscribers (“Subscriber”) and such Subscribers’ end-users—including, but not limited to, a Subscriber’s customers, subscribers, visitors, or other users using the Services— (collectively, “Users”) must comply with this AUP. Use of the Services constitutes acceptance of and agreement with this AUP.

Broadvoice Subscriber Responsibilities

Subscribers acknowledge they are responsible for both their and their end-users’ compliance with this AUP; will inform their end-users of applicable obligations pursuant to this AUP; and will not allow end-users to take any actions contrary to this AUP. Subscribers are and will remain solely responsible for all usage of the Services, fraudulent or otherwise. If Subscribers are or become aware of use of the Services that violates this AUP, Subscribers must immediately stop such use and notify Broadvoice. Finally, Subscribers understand and agree that Broadvoice does not provide, is not required to provide, and does not warrant, any fraud prevention. Notwithstanding anything to the contrary, the Subscriber is and will remain solely responsible for all use of the Services, fraudulent or otherwise, and solely responsible for all risks, expenses, and liabilities arising from or relating to fraudulent use of the Services by a Subscriber or the Subscriber’s end-users.

Broadvoice Obligations with respect to Subscriber’s Fraudulent Usage

Broadvoice’s sole obligation to Subscribers with respect to any actual, alleged, or suspected fraudulent use of the Services is to reasonably cooperate with Subscribers, upon such Subscriber’s request and at no expense to Broadvoice, to assist Subscriber’s efforts to stop any fraudulent use of the Services that the Subscriber reports to Broadvoice.

Responsibilities of Users of the Services

By using Broadvoice’s Services, Users understand and agree:

• Users must be at least 18 years of age (or have permission from a parent or guardian to use the Services);
• Users will abide by the policies of Broadvoice, as set forth herein or by reference;
• Broadvoice may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong;
• Violating any terms listed in this AUP may result in suspension or termination of a User’s account or access (or the Subscriber’s account or access, if a Subscriber’s end-user is using the Subscriber’s account) without notice;
• All information and communications, whether publicly or privately transmitted, are the sole responsibility of the originator, not Broadvoice, which does not control the content and cannot guarantee the accuracy, integrity or quality of such content;
• Broadvoice, as a facilitator of traffic, has no visibility into or control over and will under no circumstances be liable in any way for any content, including, but not limited to, any errors or omissions in or loss or damage of any kind incurred as a result of use of such content;
• Broadvoice may use programmatic means to filter or review communications and restrict access to or revoke a User’s account or access if Broadvoice determines, in its sole discretion, the User may have violated an applicable rule or Applicable Laws, as defined herein; and
• Broadvoice reserves the right to refuse service to anyone.

By using Broadvoice’s Services, Users further covenant and represent that they will not use the Services for any purpose other than the User’s internal business purposes, nor will the User use the Services in violation of any Applicable Laws (as defined herein), including, but not limited to, those relating to the recording of telephone calls or telemarketing; industry standards; third-party policies (including, for example, all applicable guidelines published by the CTIA or the Mobile Marketing Association; other accepted industry associations, carrier guidelines, or other relevant similar or analogous industry standards or third party policies; or requirements in any other jurisdiction); this AUP; or Subscriber’s Master Service Agreement.

Prohibited Activities/Violations of Broadvoice’s Acceptable Use Policy

Broadvoice services may not be used in any form or by any means to engage in or encourage any activity that is:

• Illegal, deceptive, harmful, harmful, abusive, or otherwise unacceptable or inappropriate in manner;
• Harmful to Broadvoice’s business operations or reputation; or
• Otherwise violative of others’ rights (collectively, the “Prohibited Activities”).

Users agree to not engage in any Prohibited Activities, which violate this AUP and are expressly prohibited, including, but are not limited to:

• Illegal Use/Violation of Applicable Laws. Users agree not to use the Services in a manner that violates any applicable local, state, federal, or international laws or regulations or industry standards or guidance (collectively, “Applicable Laws”). This includes, without limitation, violating Applicable Laws requiring (1) consent to transmit, record, interfere, collect, or monitor data or communications or (2) compliance with opt-out requests for any data or communications. Users further agree to familiarize themselves with and abide by all Applicable Laws, including regulations and guidance promulgated by the Federal Trade Commission and/or Federal Communications Commission. Finally, Users acknowledge sole responsibility for all acts or omissions related to use of the Services, including, without limitation, initiation or making of transmissions or creation of and specific content of transmissions.
• Harm to Others. Users agree to not use the Services to harm others, including, but not limited to, minors.
• Threats, Harassment, & Abusive Content. Users agree not to use the Services for transmitting content—whether commercial or otherwise (including calls violating Applicable Laws)—that is either actually or potentially abusive; profane; libelous; slanderous; defamatory; threatening; harmful; illegal; abusive; harassing; racist; hateful; sexually explicit; pornographic; indecent; obscene; objectionable, in Broadvoice’s sole discretion; or otherwise harassing or unwanted. Users further agree to not engage in activities or transmit content that stalks, harasses, or harms third parties.
• Fraudulent Activity. . Users agree not to use the Services to make or participate in fraudulent activity, including, but not limited to:
  • Financial scams;
  • Financial scams;
  • Engaging in spamming, unsolicited advertising, unsolicited marketing, or other similar unsolicited commercial communications or activities, including, but not limited to, those the violate anti-spamming Applicable Laws;
  • Attempting to bypass phone identification systems;
  • Including, transmitting, or downloading any file, software, data, or communications via or to the Services the User knows or has reason to believe cannot be legally distributed over the Services; or
  • Misrepresenting or otherwise attempting to mislead others regarding the identity of a person, data, or communications, including, but not limited to:
    • Impersonating another person;
    • Creating a false identity;
    • Impersonating or purporting to originate communications on behalf of Broadvoice;
    • Misrepresenting an affiliation with or otherwise misleading others regarding an affiliation with a person or entity, including Broadvoice; or
    • Misrepresenting the identity of the sender or origin of any data or communications.
• Intellectual Property & Privacy Infringement. Users agree not to use the Services to violate or infringe on, or to transmit any material that violates or infringes on, any intellectual property, copyright, trademark, patent, trade secret, privacy, or other propriety rights of a third-party.
• Collection of Personal Data. Users agree not to use the Services to collect, or attempt to collect, personal information about third-parties without their knowledge or consent, regardless of whether such conduct violates Applicable Laws.
• Reselling the Services. Reselling the Services without Broadvoice’s prior express, written authorization.
• Reverse Engineering. Users agree not to revise engineer, copy, disassemble, or decompile the Services.
• Interference with the Services. Users agree to not interfere with or otherwise negatively impact any aspect of the Services or any third-party networks linked to the services, including, but not limited to:
  • Via a denial of service (“DoS”) attack;
  • Conduct that attempts to disrupt, disable, or overload the Services;
  • Attempting to bypass, exploit, defeat, or disable Service limitation or restrictions;
  • Seeking out or finding security vulnerabilities to exploit the Services;
  • Attempting to bypass security mechanisms or filtering capabilities;
  • Attempting to gain unauthorized access to the Services;
  • Transmitting or attempting to transmit code, files scripts, agents, or programs intended to do harm, including, but not limited to, viruses, malware, Trojan horses, worms, time bombs, or spyware to impact either the Services or any third-party or third-party service, software, or hardware via the Services;
  • Using automated or electronic means (for example, any robot, spider, other automatic device) or manual process to monitor, copy, or “scrape” content contained in any website or for any other unauthorized purpose from any source without Broadvoice’s prior written consent; or
  • Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, to gain access to or use the Services.
• Unauthorized Commercial Activities. . Users agree to not engage in unauthorized commercial activities, sales, or use of the Services without Broadvoice’s prior written consent, including, but not limited to:
  • Advertising or solicitations;
  • Contests, sweepstakes, or barters;
  • Pyramid schemes;
  • Unsolicited marketing, commercial communications, or other activities, regardless of form;
  • Transmitting information, communications, or data obtained through Internet harvesting methods or other unlawful electronic collection of addresses or other public or private source;
  • Activities in any manner that violate Mobile Marketing Association guidelines or best practices, carrier guidelines, or any other industry standards and guidelines;
  • Any other activities that violate anti-spam laws and regulations, including, but not limited to:
    • The CAN-SPAM Act of 2003;
    • The Telephone Consumer Protection Act;
    • The Truth in Caller ID Act;
    • The TCPA Rules (as defined below);
    • The Do-Not-Call Implementation Act, or
    • Any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction.
• Unreasonable or Disproportionately Large Load. Users agree to not take any action that imposes an unreasonable or disproportionately large load on the Services or Broadvoice hardware or software infrastructure. Subscribers agree that, while Broadvoice has no obligation to, Broadvoice will attempt to make commercially reasonable efforts to notify a Subscriber if Broadvoice becomes aware of unusual Service usage volumes or patterns.

Telephone Consumer Protection Act

Users, by using the Services, acknowledge the Telephone Consumer Protection Act of 1991 together with final rules and regulations (collectively, “TCPA Rules”), generally prohibits (1) the making of telemarketing calls using an artificial or prerecorded voice to residential telephones without prior express consent and (2) the making of any non-emergency call using an automatic telephone dialing system or an artificial or prerecorded voice to a wireless telephone number, in each case, without prior express consent.

Users understand and agree that Users are solely responsible for complying with TCPA Rules and any other Applicable Laws governing electronic communications between Users and owners of phone numbers Users initiate communications with through the Services.

Without limiting the foregoing, Users represent and warrant that the owners of the phone numbers have given prior express consent or otherwise opted-in to the receipt of such calls or messages, as required by any Applicable Laws or the TCPA Rules. Users agree to include clear opt-out/unsubscribe information on communications when required to do so by any Applicable Laws or the TCPA Rules and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, to the extent applicable. Users further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on the User’s DNC accounts list and the User will not initiate any subsequent communications to any individuals after they request DNC status.

Broadvoice is in no way attempting to interpret any Applicable Laws, the TCPA Rules, applicable regulations and guidance from the Federal Trade Commission and Federal Communications Commission, or the DNC list registry rules (http://www.donotcall.gov) that place restrictions on certain types of communications. Rather, this information is provided as a courtesy, is not intended to replace a User’s responsibility to familiarize itself with and abide by the legal requirements pertaining to use of the Services to initiate communications, and in no way authorizes Users to use the Services in a manner that could or does violate the Applicable Laws or TCPA Rules.

Answer to Seizure Ratio (ASR)

For each billing cycle, if a Subscriber’s outbound call attempts (including calls with a duration less than 6 seconds) exceed their completed calls by a factor of three (3) or more, Broadvoice reserves the right to charge an additional $.003 per call attempt for each call attempted, completed or not, during that billing period. This ratio is calculated at the end of each monthly billing cycle, based on the ASR over the entire billing period.

Revisions to this AUP

Broadvoice reserves the right to revise, amend, or modify this AUP and other Broadvoice policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Subscriber’s Master Service Agreement.