This Acceptable Use Policy (“AUP”) identifies and sets forth some requirements and restrictions on the use by Customer of the Service provided by NTouchTel.com and is incorporated by reference in the Terms of Service agreement between NTouchTel.com and Customer. Customer must review and comply with the AUP laws and guidelines, however, this AUP is not intended to be (i) interpreted as, relied upon, or used as a substitute for the advice of legal counsel, (ii) or considered to be a complete and exhaustive list of all laws and regulations applicable to Customer’s use of the Service. In addition to the below laws, various other state and foreign laws may apply to Customer’s use of the Service. Each Customer is advised to obtain the advice of its own legal counsel before using the Service.
Customer’s access to the Service may be restricted, suspended or terminated for violation of this AUP, at NTouchTel.com’s sole and absolute discretion.
NTouchTel.com reserves the right to change or modify the terms of the AUP at any time, effective immediately when posted to the NTouchTel.com website. Customer’s use of the Service after changes to the AUP are posted to the NTouchTel.com website shall constitute acceptance of any changed or additional terms.
NTouchTel.com maintains a zero-tolerance policy for any violation of this AUP and requires that its Customers implement and enforce this same zero-tolerance policy.
Capitalized terms used in this AUP shall have the meaning as given in the Terms of Service Agreement.
1 General Statement
NTouchTel.com is dedicated to the use of Voice over Internet Protocol (VoIP), Unified Communications (UC) and related technologies to improve the telecommunications industry and the lives of individuals throughout the world.
NTouchTel.com’s goal is to deliver carrier-grade communications services to all its Customers, at a reasonable price and to make available all the benefits that VoIP and UC offers as broadly as possible. In order to achieve this goal, an Acceptable Use Policy (AUP) is necessary.
Customer may not use the NTouchTel.com Service to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to:
- Restricted Content.
Any purpose prohibited by applicable international, federal, state or local law, rule or regulation (which laws may impose more stringent requirements than the guidelines described herein).
- Child pornography
- Unlawful gambling activities
- Threats, harassment and abuse of any individual or organization
- Fraudulent activities
- Terroristic or other solicitations advocating human violence and/or hate crimes based upon religion, ethnicity, or country of origin.
- Unlawful high yield investment plans (Ponzi schemes)
- Run public internet relay chat services.
- Collect information by deceit, including but not limited to internet scamming, password theft, phishing, security hole scanning and port scanning.
- Using any false, misleading, or deceptive TCP or UDP packet header or any part of the header information in an email or a newsgroup posting.
- Any manner which is in breach of the IFFOR (International Foundation for Online Responsibility) policies or registering an abusive string in the sTLD.
- Generate, or allowing others to generate, calls, emails or data activity causing Nuisance Calls, AIT (Artificial Inflation of Traffic), SPAM or UCE (Unsolicited Commercial Email), also described as Unsolicited Bulk Email (UBE), unless permitted by law.
- Complies (where applicable) with policies of any internet registry or registrar, including RIPE (Réseaux IP Européens Network Coordination Centre [RIPE NCC]) policies as updated and amended on the RIPE website at www.ripe.net from time to time
- Unwanted calls which cause annoyance to the receiver or hoax calls of an offensive, spiteful, abusive, indecent, defamatory, obscene, or menacing nature including unauthorized, or ‟spam” Calls and ‟silent” Calls as defined by Ofcom in its “Statement of policy on the persistent misuse of an electronic communications service” published 20 December 2016, and any subsequent update.
- FCC and FTC Rules and Regulations – United States
Using the Service for auto-dialing, robocalls, telemarketing, high volume fax, text messaging, voicemail broadcasting or call “blasting” or any other transmission that violates any provision of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA), the Federal Trade Commission’s (FTC) National Do Not Call Implementation Act (DNCIA), the FTC Telemarketing Sales Rule (TSR), or other Federal regulatory protections.
- Use of the Service in any way that is defamatory, libelous, or invasive of another’s privacy, or any similar behavior.
- Collecting or using information without the consent of the owner of the information, including without limitation collecting email addresses, screen names or other identifiers (sometimes referred to as phishing, scamming, password robbery, spidering, and data harvesting).
- Any conduct that is likely to result in retaliation against NTouchTel.com or NTouchTel.com employees, officers, representatives, or other agents.
- Any conduct that results in retaliation against NTouchTel.com, which includes but is not limited to engaging in behavior that results in any virus, malicious software (malware), ransomware or hacking being implemented against NTouchTel.com, or any NTouchTel.com server or firewall being the target of a distributed denial of service attack (DDoS) or any other technological cyberattack.
- US Congressional CAN-SPAM Act of 2003
Customer must comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) of 2003 and other laws and regulations applicable to bulk or commercial email in regard to the NTouchTel.com Service or any third party products and/or services connected to or utilized with the Service.
- Customer must comply with the rules and conventions for postings to any NTouchTel.com forum, chat group, social media platform or other newsgroup medium in which NTouchTel.com participates. This includes the prohibition of off-topic commercial messages, mass postings, or any other content deemed offensive, derogatory or inappropriate, and NTouchTel.com reserves the right to remove or edit content or users, at its sole discretion.
- Fair Use
NTouchTel.com unlimited usage plans are for normal use and are plan specific. Normal, reasonable use on NTouchTel.com unlimited plans must be in accordance with the Acceptable Use Policy, located at www.NTouchTel.com/aup and the applicable Sales Order or Service Activation Form, and consistent with the types and levels of usage by typical Customers on the same plan. “Typical” refers to the calling and connection patterns of at least 98% of NTouchTel.com’s Customers on the same business plan. Excessive or unauthorized use beyond that normally experienced by NTouchTel.com’s Customers, in NTouchTel.com’s sole and absolute discretion, may result in unlimited usage plan service termination. Prior to taking such action, NTouchTel.com will attempt to contact the Customer to discuss the cause for the excessive or abusive use and the required remediation to continue the Service. Should unlimited usage plan service be terminated, usage will be billed at the current prevailing rate as provided by contacting the NTouchTel.com sales department and requesting the current rate(s).
- NTouchTel.com may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps, including suspension or termination of Service, even if the number of minutes or bandwidth used is not excessive, when a Customer’s usage or connection patterns during more than one month reflect excessive usage, including but not limited to :
- call lengths;
- frequency of call forwarding/transferring;
- short duration calls;
- number of calls made during a month;
- number of calls made to a 3rd party conference calling service during a month;
- number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
- other calling patterns indicative of an attempt to evade enforcement of this Acceptable Use Policy (AUP)
- In addition, unlimited usage plans cannot, under any circumstances, be used for call centers, continuous or extensive call forwarding, autodialing (including automatic outbound dialing systems or call distribution systems), telemarketing (including without limitation charitable or political solicitation and/or polling), transcription services, fax “blasting”, junk faxing or fax spamming, broadcast fax, ANI or CLI spoofing or other high volume or multi-person calling or faxing purposes.
3 IP Addresses
Customer agrees that if the IP Numbers utilized for Customer’s account are listed on an abuse database Customer will be in violation of this AUP, and NTouchTel.com may take reasonable action to protect its Service, including suspension and/or termination of Customer’s Service, regardless of whether the IP numbers were listed on an abuse database as a result of Customer’s actions.
4 Copyrighted Material
Customer may not use the NTouchTel.com Services to download, distribute or otherwise use in any manner any music, audio, text or other works protected by copyright law unless Customer has been expressly authorized by the owner of the copyright or otherwise permitted by established copyright law for said use.
5 Links from the Website
If the NTouchTel.com website contains links to other websites and/or resources provided by third parties (including but not limited to downloads of any kind), these links and resources are provided for Customer’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. NTouchTel.com has no control over the content of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from Customer’s use of them. If Customer decides to access any of the third-party websites linked to NTouchTel.com’s website, Customer does so entirely at their own risk and is subject to the Terms of Service Agreement and this AUP on use of such websites.
6 Disclaimer of Warranties
Customer understands that NTouchTel.com cannot and does not guarantee or warrant that files available for downloading from the internet or the NTouchTel.com website will be free of viruses or other destructive code. To the fullest extent allowed by law, NTOUCHTEL.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE NTOUCHTEL.COM WEBSITE, OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. Customer’s use of the NTouchTel.com website, its contents, and any services or items obtained through the NTouchTel.com website is solely at Customer’s own risk. The website, its contents, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither NTouchTel.com nor any person associated with NTouchTel.com makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the NTouchTel.com website. Without limiting the foregoing, neither NTouchTel.com nor any person associated with NTouchTel.com represents or warrants that the NTouchTel.com website, its contents, and any services or items obtained through the NTouchTel.com website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the NTouchTel.com website or the server(s) that makes the NTouchTel.com website available are free of viruses or other harmful components, or that the NTouchTel.com website or any services or items obtained through the website will otherwise meet Customer’s needs or expectations. TO THE FULLEST EXTENT PROVIDED BY LAW, NTOUCHTEL.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
Customer agrees to defend, indemnify, and hold harmless NTouchTel.com and its respective officers, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, judgements, awards, losses and other expenses, including without limitation reasonable attorney’s fees and costs, whether or not a lawsuit or other proceeding is filed, arising out of or relating to Customer’s violation of this Acceptable Use Policy.
Inquiries regarding this AUP should be directed to our Legal Department at legal@NTouchTel.com.
9 Complaints about Abuse or Breach of the AUP
If you wish to inform NTouchTel.com about a breach of this AUP please contact a NTouchTel.com representative at 804-412-2010 or email our Legal Department at legal@NTouchTel.com.
10 Best Practices
Customer must follow all relevant industry guidelines, standards and best practices, such as those provided by the Internet Engineering Task Force (IETF) and the Internet Society (ISOC) when utilizing the NTouchTel.com Service. Customer may purchase professional services from NTouchTel.com if Customer is unclear as to best practices for the Service.
NTouchTel.com may test and otherwise monitor Customer’s compliance with all these requirements. Customer’s access to the NTouchTel.com Service may be restricted, suspended or terminated for violation of this AUP, at NTouchTel.com’s sole and absolute discretion. Any failure to enforce this policy in every instance does not amount to a waiver of NTouchTel.com’s rights.
This AUP was last updated August 15, 2023.