Company agrees not to use or allow End Users the use of Services to in any way transmit or post material that:
(a) is prohibited by any law or regulation, or facilitates, or encourages the violation of any law or regulation; (b) disrupts third parties’ use of any services; (c) invades the privacy of third parties, or violates the intellectual property rights or other rights of Vocal IP or any third party; (d) is abusive, profane, libelous, slanderous, obscene, threatening, misleading, harassing, discriminatory, or otherwise harmful or objectionable; (e) Company will not allow or cause the transmission or propagation of any virus, worm or other harmful or disruptive component; (f) violate or tamper with the security of any computer equipment, network, or program; (g) constitute, facilitate, or encourage unsolicited commercial email or “spam”. Company agrees that will communicate these Acceptable Use Policy (“AUP”) conditions to its End Users and will educate End Users where necessary to importance of proper use of AUP and implications that may arise from a violation of AUP. If Company or its End Users violate these policies, after fourteen (14) days written notice to cure, Vocal IP reserves the right to immediately suspend or disconnect Service(s) and charge all applicable termination fees.
b. Company shall apply business reasonable efforts to ensure confidentiality of any access credentials that Company and its End Users may obtain from Vocal IP. If Company shall allow End Users to use Vocal IP’s Services and to have access to any Vocal IP’s resources, Company shall remain responsible for End Users maintaining confidentiality of the access credentials. If Company or End User has reasons to believe that their account or resources with Vocal IP are no longer secure, Company must promptly notify Vocal IP in writing. Vocal IP employs automated performance and security monitoring and fraud detection systems allowing to detect unauthorized access and use. In the event of Vocal IP identifying that access credentials provided to Company have been compromised, or if Vocal IP’s systems detect suspicious or unauthorized use of resources assigned to Company, Vocal IP reserves the right to immediately suspend the affected Service(s) and inform the Company. Vocal IP will restore the service upon determination and remediation of the root cause of unauthorized use.
c. All Vocal IP’s usage plans are subject to “intended use” limitations which restrict uses such as automatic phone number dialing equipment and/or software that generates high volumes of short (under 6 seconds) duration calls. Any outbound call centers generating atypical, high volume usage must be declared by Company to Vocal IP prior to start of Service with explanation of the calling patterns and calling volume. Upon consideration, Vocal IP shall approve provisioning Services to such call centers, where approval shall not be unreasonably delayed or withheld. Vocal IP has the right to charge higher fees or decline providing unlimited calling plans.