This Acceptable Use Policy describes actions that Zingaya, Inc., a Delaware corporation d/b/a Voximplant (“Voximplant”) prohibits when You use its website and/or services (the “Services”). The terms “you,” “your,” and “yours” refer to the customer. The Acceptable Use Policy is governed by our Terms of Service. Our Terms of Service take precedence over any conflicting Acceptable Use Policy provision. Any terms used herein that are not defined shall have the definitions used in the Terms of Service. BY USING VOXIMPLANT AND THE VOXIMPLANT WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE TO THIS ACCEPTABLE USE POLICY PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES.
Voximplant may in its sole discretion determine whether You are in violation of this Acceptable Use Policy. The Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited.
The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the Services. This list is provided by way of example and shall not be considered exhaustive.
Adversely impacting the availability, reliability, or stability of Voximplant Services.
Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of Voximplant Services.
Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Voximplant, to any user of our Services, or to any of our or their respective customers.
Testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade filtering capabilities.
Using the Services in any manner that may subject Voximplant or any third party to liability, damages or danger.
Using the Services in any manner that violates any applicable third party policies or requirements that Voximplant has communicated to the customer.
Using the Services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
Engaging in fraud with respect to Your account.
Using Your account to engage in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems such as those by classified advertising websites.
Using any of the Voximplant Properties or Voximplant Marks other than as expressly permitted in the Terms of Service
Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.
Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
Using phone numbers provided by Voximplant (“Voximplant Phone Numbers”) for SMS in a manner that is not designed to enhance or augment the person-to-person nature of SMS communications.
Offering any Emergency Services to users. “Emergency Services” shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services.
Promoting or engaging in illegal activities.
Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
Harvesting or otherwise collecting information about others, including email addresses or phone numbers, from Voximplant website without their express consent.
Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using Your account.
Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software.
Interfering with or disrupting networks connected to the Services or violating the regulations, policies or procedures of such networks.
Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephony network.
Using the Services, or a component of the Services, in a manner not authorized by Voximplant.
Violation of this Acceptable Use Policy may result in the immediate suspension or termination of Your account, civil and/or criminal liability, and Voximplant may, in addition to any remedy that it may have at law or in equity, terminate permission for You to use the Services. In such event, You are still liable for any and all outstanding charges accumulated through Your use of the Services, including uses in violation of this Acceptable Use Policy or the laws of any jurisdiction. In addition, Voximplant may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to third parties who have provided notice to Voximplant stating that they have been harmed by Your failure to abide by this Acceptable Use Policy. Voximplant’s failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of Voximplant’s rights hereunder.
Changes To The Acceptable Use Policy
We reserve the right to change the Acceptable Use Policy from time to time without notice by posting changes to Voximplant website. When we do, we will also revise the “last update” date of the Acceptable Use Policy.
September 19th, 2013