Acceptable Use Policy (“AUP”)
This Acceptable Use Policy (“AUP”) identifies restrictions on the use by Service Provider and its End User Customers of the Services provided by Net X Computers, and the software used by Net X Computers to delivery such Services, and is incorporated by reference in the Terms of Service between Net X Computers and Service Provider. Your access to the Services, and that of your End User Customers, may be suspended or terminated for violation of this AUP. Capitalized terms used in this AUP shall have the meaning given in your Terms of Service.
Net X Computers is committed to providing first class customer service and value to our Service
Providers and End-User Customers. In order to provide the best pricing, support and Services available to all of our users, Net X Computers retains the right to impose limits on your usage of the Services or to terminate the Services if we reasonably believe that your usage, including, but not limited to, the total number of calls you make, SMS messages you send, or minutes you use is not consistent with normal, fair, and reasonable use of such Services. Wherever reasonably possible, we will give you written notice before taking any such action, and allow a reasonable
period to allow you to modify your use.
You and your End User Customers may not use Net X Computers network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to:
- Any purpose prohibited by applicable federal, state or local law, rule or regulation;
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- Using the Services for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting;
- Sending unsolicited messages or advertisements, including but not limited to email, voicemail, SMS, or faxes (commercial or otherwise (“spamming”), or otherwise sending bulk and/or junk messages, including but not limited to email, voice mail, SMS, or faxes;
- Use of the Services in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Interference with service to any user of the Net X Computers or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization;
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
- Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
- Any conduct that is likely to result in retaliation against the Net X Computers network or website, or Net X Computers employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
You and/or your End User Customers may not use your service to send email, SMS, or any other communications to a person who has indicated that they do not wish to receive it. All applicable communications, including but not limited to email and SMS, must comply with all laws regarding opt-in and opt-out notices.
Newsgroup, Chat Forums, Other Networks
You and/or your End User Customers must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
You and/or your End User Customers must comply with the rules of any other network you or your End User Customers access or participate in using Net X Computers Services.
You and/or your End User Customers may not publish, transmit or store on or via Net X Computers network and equipment any content or links to any content that Net X Computers reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- infringes on another person’s copyright, trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Net X Computers; or
- is otherwise malicious, fraudulent, or may result in retaliation against Net X Computers by offended viewers or recipients, or is intended to harass or threaten.
Content “published or transmitted” via Net X Computers network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.
You and/or your End User Customers may not use Net X Computers Services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. Net X Computers may prohibit the streaming of other live events where there is a special risk, in Net X Computers reasonable discretion, that the event may violate the Offensive Content section above.
You may not use Net X Computers network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- you are otherwise permitted by established copyright law to copy the work in that manner.
It is Net X Computers policy to terminate in appropriate circumstances the services of customers who are repeat infringers.
You and/or your End User Customers may not use any shared system provided by Net X Computers in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of Net X Computers email services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your code if it unnecessarily conflicts with other customers’ use of the services. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
Use of Services Outside the United States
Although we encourage you and your End User Customers to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you or your End User Customers use the Service outside of the United States or Canada, you and/or such End User Customers will be solely responsible for any violations of local laws and regulations resulting from such use.
You may only use IP addresses assigned to you by Net X Computers in connection with your Net X Computers Services.
You agree that if the Net X Computers IP numbers assigned to your account or those of your End User Customers are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and Net X Computers may take reasonable action to protect its IP numbers, including suspension and/or termination of your Service or that of your End User Customers, regardless of whether the IP numbers were listed as a result of your actions or those of your End User Customers.
No credit will be available under a Net X Computers service level guaranty or agreement, if applicable, for interruptions of service resulting from AUP violations.