Acceptable Use Policy

Inquiries regarding this policy should be directed to support@ncevoip.com.

This Acceptable Use Policy ("AUP") identifies restrictions on the use by Service Provider and its End-Users of the Services provided by New Call Enterprises, and the software used by New Call Enterprises to deliver such Services, and is incorporated by reference in the Services Agreement between New Call Enterprises and Customer. Your access to the Services, and that of your End-Users, may be suspended or terminated for violation of this AUP. Capitalized terms used in this AUP have the meaning given in your Services Agreement.

Abuse

You and your End-Users may not use NCE's 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;
• Using the Services for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or blasting;
• Use of the Services in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or similar;
• Monitoring data or traffic on any network or system without the express authorization of the owner;
• Interference with service to any user of the NCE or other network, including 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 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 newsgroup posting;
• Distribution of software that covertly gathers or transmits information about a user;
• Distribution of advertisement delivery software unless the user affirmatively consents based on clear and conspicuous notice, and the software is easily removable using standard operating-system tools; or
• Any conduct likely to result in retaliation against the NCE network or website, or NCE's employees, officers or other agents, including behavior that results in any server being the target of a denial of service attack (DoS).

Bulk Email

You and your End-Users may not use an NCE email service to send bulk mail. You may use your dedicated hosted system to send bulk mail, subject to the restrictions in this AUP. You and your End-Users must comply with the CAN-SPAM Act of 2003 and other applicable laws, and your bulk and commercial email must meet the following requirements:

• Intended recipients have given their consent to receive email from you or your End-Users via an affirmative means, such as an opt-in procedure;
• Procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
• You retain evidence of each recipient's consent in a form that can be promptly produced on request, and honor requests to produce consent evidence within 72 hours;
• You have procedures allowing a recipient to revoke consent (such as a link in the email body, or instructions to reply "Remove"), and honor revocations within 48 hours, notifying recipients accordingly;
• You post a complaint email address in a conspicuous place on any website associated with the email, register that address at abuse.net, and promptly respond to messages sent to it;
• You have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You do not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses — your email must include the recipient's email address in the body or "TO" line;
• The subject line clearly describes the subject matter, and the message includes valid contact information; and
• You do not attempt to send any message to an email address after 3 consecutive delivery rejections if the time between the third and first rejection is longer than fifteen days.

These policies apply to messages sent using your NCE services, or messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or email address hosted via your NCE service. You may not use a third-party email service that does not practice similar procedures. These requirements apply to distribution lists prepared by third parties. NCE may test and otherwise monitor compliance, may block the transmission of email that violates these provisions, and may require certain customers or End-Users to seek advance approval for bulk and commercial email.

Unsolicited Communications

You and/or your End-Users may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, you will not be in violation of this section if you comply with the 48-hour removal requirement described above.

Newsgroups, Chat Forums, Other Networks

You and/or your End-Users must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, including rules for content and commercial postings — these groups usually prohibit off-topic commercial messages or mass postings to multiple forums. You must also comply with the rules of any other network you or your End-Users access or participate in using NCE's Services.

Offensive Content

You and/or your End-Users may not publish, transmit or store on or via NCE's network and equipment any content or links to any content that NCE 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 law enforcement investigation;
• 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 NCE; or
• Is otherwise malicious, fraudulent, or may result in retaliation against NCE by offended viewers or recipients, or is intended to harass or threaten.

Content "published or transmitted" via NCE's network or equipment includes Web content, email, bulletin board postings, chat, social media posts, and any other type of posting or transmission that relies on the Internet.

Live Events

You and/or your End-Users may not use NCE's Services to stream live sex acts of any kind, even if the content would otherwise comply with this AUP. NCE may prohibit the streaming of other live events where there is a special risk, in NCE's reasonable discretion, that the event may violate the Offensive Content section above.

Copyrighted Material

You may not use NCE's 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 copyright owner, or you are otherwise permitted by established copyright law to copy the work in that manner. It is NCE's policy to terminate, in appropriate circumstances, the services of customers who are repeat infringers.

Shared Systems

You and/or your End-Users may not use any shared system provided by NCE in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the system's resources. NCE may prohibit automated or scripted use of NCE email services if it negatively impacts the mail system, or require you to repair coding abnormalities that unnecessarily conflict with other customers' use of the services. NCE may quarantine or delete any data stored on a shared system if the data is infected with a virus or otherwise corrupted and has the potential to infect or corrupt the system or other customers' data stored on the same system.

Use of Services Outside 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-Users use the Service outside of the United States or Canada, you and/or such End-Users will be solely responsible for any violations of local laws and regulations resulting from such use.

Other

You may only use IP addresses assigned to you by NCE in connection with your NCE Services. If the NCE IP numbers assigned to your account or those of your End-Users are listed on an abuse database (such as Spamhaus), you will be in violation of this AUP, and NCE may take reasonable action to protect its IP numbers, including suspension and/or termination of your Service or that of your End-Users, regardless of whether the listing resulted from your actions or those of your End-Users.

SLA

No credit will be available under an NCE service level guaranty or agreement, if applicable, for interruptions of service resulting from AUP violations.