ACCEPTABLE USE POLICY
Airosurf Communications, Inc. (“Airosurf” or “Company”) has prepared this Acceptable Use Policy (“Policy”) as a guide for its Subscribers to understand the intended and permissible uses of its Services, and to prevent exploitation, fraud, and abuse of its Services, equipment and related features. This Policy is based upon the relevant provisions in our Terms of Service and is applicable to all our Services. Our Terms of Service are located at www.airosurf.com/tos. Capitalized terms not otherwise defined herein have the meanings attributed to them in the Terms of Service. This Policy may be updated or modified by Company from time to time, effective upon posting to Company’s website.
At all times, Subscriber represents that it and all authorized users will use the Services, software, and hardware in a manner consistent with all applicable laws. Any action or deviation from applicable law or that in Company’s determination compromises or threatens the security of Company’s business, its vendors, its other customers or the Services, software, and hardware, whether directly or indirectly, is strictly prohibited and permits Company to suspend or terminate the services without prior notice, at the sole discretion of Company. Furthermore, any direct or indirect violation of applicable laws and in the sole discretion of Company, based upon knowledge, information and belief, may cause Company to withhold and not accept any messages or content that Company reasonably believes contains inappropriate content or that is, or which could reasonably become the subject of any legal, regulatory, or other governmental proceeding or process, including a law enforcement proceeding, process or inquiry.
Company’s services, software, and hardware are designed for normal commercial or residential use and are not intended for usage by organizations such as call centers, fax messaging services, telemarketing firms, or resellers or for use without live dialog, such as use by transcription services, intercom or monitoring services, etc. Unauthorized or excessive use beyond that normally experienced by typical, similarly situated business and residential customers may cause network capacity and congestion issues and interfere with distribution of network services and the third-party networks (if applicable) with which Company connects for call initiation and completion services. Such unauthorized or excessive use or any other use of the services, software, and hardware, beyond that of the typical business or residential customer or any action which causes a disruption in the network integrity of Company, or its vendors, whether directly or indirectly, is strictly prohibited and may be cause for termination of services. The following are examples, and not a comprehensive list of, impermissible uses which are not normal use:
- Resale to others;
- Auto-dialing or fax/voice blasts;
- Without live dialog, including use as a monitor or for transcription purposes;
- Continuous or extensive call forwarding;
- Continuous connectivity;
- Constant dialing;
- Iterative dialing;
- Fax broadcast;
- Fax blasting;
- Telemarketing practices that are in violation of any law or regulation;
- Any service requiring compliance with the federal Health Insurance Portability and Accountability Act (“HIPAA”), requiring secure storage of “protected health information” as defined under HIPAA, requiring a “Business Associate Agreement,” or requiring Companies to be a “Business Associate or subcontractor of pursuant to HIPAA;
- Any service for which storage of or control of access to sensitive data, such as information about children or medical or health information;
- Any service involving high-risk activities where the interruption or malfunction of the services could lead to serious consequences, including but not limited to personal injury, death, or environmental damage, such as in management of nuclear facilities, air traffic control, life or health support; and
- Any other activity that would be inconsistent with small business or residential usage.
In addition to the foregoing, impermissible uses under a residential plan include use of the Services in connection with operating a business, even if operating from the residence, or operating any other enterprise, including not-for-profit or governmental enterprises.
Subscriber may not use Company’s services, software or hardware in any way that is illegal, fraudulent, improper, or inappropriate, such as uses which are threatening, abusive, harassing, defamatory, libelous, deceptive, of invasive of another’s privacy.
Subscriber may not engage in any activity, including without limitation, “spoofing,” intended to mislead any person as to the origination or sender of any telephone call, text or other message.
In the event that a Service provides the ability to record any call or communication, Subscriber will only do so in strict accordance with law, including without limitation by obtaining any required consent of the parties to such call or communication.
Subscriber will not use Company equipment at any time at an address other than the locations specified in Agreement between Subscriber and Company without Company’s prior written authorization. Subscriber acknowledges that this Agreement is accepted on behalf of all persons who use AIrosurf-provided equipment and/or service(s) and that Subscriber shall have sole responsibility for ensuring that all users understand and comply with the terms and conditions of this Agreement and any applicable Company policies including, but not limited to, acceptable use and privacy policies. Subscriber further acknowledges and agree that Subscriber shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the service(s).