Acceptable Use Policy

Any User that Vantact determines to have violated any element of this AUP may be subject to suspension or termination of service, with or without notice. Vantact has the right, but not the obligation, to take further action as Vantact determines to be appropriate under the circumstances to eliminate or preclude repeated violations. Vantact shall not be liable for any damages of any nature suffered by any User, or any third party, resulting in whole or in part from Vantact's exercise of its rights under this AUP.

Vantact Products and Services must be used for lawful purposes only and in a manner consistent with the intended purpose of Vantact Products and Services. Users shall not use Vantact Products and Services to distribute, record, transmit, post, receive, use or store any type or kind of material that:

• remove_circleIs illegal, improper or inappropriate
• remove_circleMay expose Vantact to criminal liability
• remove_circleMay adversely affect Vantact Products and Services or other Vantact customers or Users
• remove_circleIs threatening, abusive, harassing, defamatory, libelous, deceptive, or invades another's privacy
• remove_circleConstitutes any similar behavior

Users are further prohibited from facilitating the violation of this AUP and from violating or facilitating the violation of another provider's AUP. Should a User access another provider or network using Vantact Products and Services, such User must comply with that provider or network's rules and policies. User agrees to indemnify, defend and hold Vantact harmless from all claims, damages, losses and expenses resulting from such User's access or use of other providers or networks.

Vantact may remove or block communications including calls to certain countries determined solely by Vantact if Vantact suspects a violation of this AUP, or if Vantact deems it necessary to protect Vantact Products and Services, Vantact's network, employees, customers or third parties from harm, fraud, and/or if required by Applicable Law. Vantact may take such action without advanced notice if required to protect Vantact and other Vantact customers in Vantact's sole discretion. Any permitted removal of blocks to certain countries requires a written waiver of liability by Customer.

Users shall not use Vantact Products and Services to distribute, record, transmit, post, receive, use or store material that is inappropriate, as reasonably determined by Vantact, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful or excessively violent.

Users shall not use Vantact Products and Services to distribute, record, transmit, post, receive, use or store material that may be harmful to, or interfere with, Vantact Products and Services or any third party's systems, networks, websites or services. Such prohibited content includes, but is not limited to, worms, viruses, or Trojan horses.

Users shall not use Vantact Products and Services to distribute, record, transmit, post, receive, use or store material containing fraudulent offers for products or services, or any advertising or promotional materials that contain deceptive, false or misleading statements, representations or claims. Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Users shall not use Vantact Products and Services to transmit unsolicited email or text messages including, without limitation, unsolicited bulk email or text messages (“spam”). Users are prohibited from using the services of another provider to distribute spam or to promote a site hosted on or connected to Vantact Products and Services. Users shall not use Vantact Products and Services to:

• remove_circleSend messages that are excessive or intended to harass others
• remove_circleContinue to send messages to a recipient that has indicated they do not wish to receive them
• remove_circleSend messages with forged TCP/IP packet header information
• remove_circleSend malicious messages, including “mail bombing”
• remove_circleSend or receive messages in a manner that violates the policies of any other provider

Material accessible through Vantact Products and Services may be subject to protection under publicity, privacy or other personal and intellectual property rights. Such rights include, but are not limited to, copyrights, patents, trade secrets, trademarks or other proprietary information. Users shall not use Vantact Products and Services in any manner that would breach, dilute, misappropriate or otherwise violate any such rights. Users must not use a domain name in connection with any Vantact Products and Services in violation of the trademark, service mark or other rights of any third party.

Users may have access through Vantact Products and Services to search engines, chat rooms, bulletin boards, web pages and services or other services that publish rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines or agreements.

Users shall not use Vantact Products and Services to conduct activities that may be harmful to, or interfere with, Vantact Products and Services or any third party's networks, systems, services, or websites, and shall not reverse engineer any Vantact Products or Services. This includes, but is not limited to, mail bombing, flooding or denial of service attacks. Users are prohibited from violating or attempting to violate the security of Vantact Products and Services, or the computers, accounts, or networks of another party. Users are prohibited from any activity considered a precursor to attempted security violations, including any form of probing, scanning or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. Vantact will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.

Vantact assumes no responsibility for any material created, submitted, or accessible on or through Vantact Products and Services. Vantact is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. Should Vantact become aware that any such material may violate this AUP or expose Vantact to civil or criminal liability, Vantact reserves the right to block access to such material and suspend or terminate any User creating, recording, storing or disseminating such material. Vantact further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that Vantact deems responsible for the wrongdoing.

Vantact's business service plans and features are for normal, reasonable business use consistent with the types and levels of usage by typical customers on the same business calling plan. “Typical” refers to the calling patterns of at least 95% of Vantact's business customers on the same business calling plan. Certain calling and messaging plans, including unlimited calling and messaging plans, are designed for normal commercial use and are not intended to represent typical usage by unique organizations such as call centers, resellers, fax messaging services, or telemarketing firms.

Unauthorized or excessive use beyond that normally experienced by other Vantact business customers may cause extreme network capacity and congestion issues and interfere with Vantact's network and the third party networks with which Vantact connects for call initiation and completion services. Any use of the Vantact Products and Services or any other action that causes a disruption in the network integrity of Vantact Products and Services or its vendors, whether directly or indirectly, is strictly prohibited and may result in suspension or termination of the Services.

Vantact evaluates Customer usage in comparison to typical levels of permissible usage. The following is a non-exhaustive list of impermissible uses considered outside of normal use:

In addition, Vantact Products and Services may not be used for any of the following prohibited uses:

• remove_circleSpamming or blasting (e.g., sending 100 or more bulk and/or junk voicemail or faxes simultaneously)
• remove_circleBulk call-in lines (e.g., customer support or sales call centers unless Customer has purchased the Vantact call center service, hotlines, 900 numbers, sports-line numbers, etc.)
• remove_circleAuto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program to continuously dial or place outbound calls)
• remove_circleUsing an email box exclusively as storage space for data

Vantact reserves the right to review Users' accounts at any time for potential abuses of this AUP. If Vantact identifies excessive or abusive traffic patterns, Vantact reserves the right to change Users' applicable calling and/or rate plan or suspend or terminate the relevant Vantact Products and Services. In the event Vantact provides notice and Customer fails to respond within the timeframe indicated in the notice, Vantact reserves the right to suspend the excessive or abusive activity and change the applicable calling and/or rate plan in its sole discretion thereafter.

If Vantact affords Customer the opportunity to correct abnormal usage patterns and Customer fails to immediately conform to normal use, Vantact may exercise its right to transfer Customer's service to a more appropriate calling plan, charge applicable rates for that plan, implement other limitations, or suspend or terminate the relevant Vantact Products and Services pursuant to the Service Terms.