This Fair Use Policy (this “FUP”) is incorporated by reference in your Cloud Service Terms and Conditions (“TC”). Your use of Services under the TC is subject to this FUP. Unless otherwise defined in this FUP, capitalized terms have the meaning given in the TC. Under this FUP, “You” shall also mean any user of Your Account. Deltapath may add, delete or modify any provision of this FUP at any time without notice, effective upon posting of the modified FUP on Deltapath’s website. You are expected to check the FUP from time to time and take notice of any changes that Deltapath makes as they are legally binding on You.
Deltapath is not responsible for monitoring, controlling or censoring the Internet or any content sent or received by You using Deltapath’s Services. In no event shall Deltapath be liable to You (or any of Your end users), nor to any third party, for any injury and loss resulting from inaccurate, unsuitable, offensive, illegal or unlawful use of services as set out in this FUP or any direct, indirect, special or consequential damages related to
(a) violations of this FUP by any party or
(b) Deltapath’s enforcement of the provisions hereof, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise. The responsibility for avoiding the harmful activities as set forth in this FUP rests with You.
Deltapath may suspend or terminate Your Services without notice if it determines that You are in violation of the FUP. No credit or refund will be available for interruptions of Services resulting from FUP violations. You are independently responsible for complying with all applicable laws related to Your use of the Services, regardless of the purpose of the use. Deltapath encourages You to report violations to abuse@deltapath.com You may be in violation of this FUP if Deltapath determines that You are intentionally or unintentionally using the Services to engage in or foster disruptive, unlawful or abusive behavior, or encouraging others to engage in or foster such behavior, including but not limited to:
• violating any applicable local, national or international law or regulation;
• generating or facilitating unsolicited bulk or commercial email in violation of the CAN-SPAM Act or any other applicable laws and regulations, including but not limited to sending any communications to persons who
indicate that they do not wish to receive them;
• making unsolicited phone calls or sending unsolicited, bulk and/or junk voicemails, SMS messages, or faxes (spamming);
• performing auto-dialing or “predictive dialing” in an abusive manner;
• impersonating another person or organization, or otherwise attempting to mislead others;
• attempting to interfere with or denying service to any user or host (e.g., denial of service attacks);
• violating or misappropriating the legal rights of others, including but not limited to privacy rights and intellectual property rights, or exposing trade secrets or other confidential information of others;
• intentionally distributing viruses, worms, Trojan horses, corrupted files, hoaxes, or other malicious software code;
• interfering with the use of the Services, or the equipment used to provide the Services, including but not limited to exceeding the allowed bandwidth by transferring excess data, or using any Services or system in a way that consumes a disproportionate share of the resources or otherwise interferes with the normal operation of the shared Services or system;
• altering, disabling, interfering with, or circumventing any aspect of the Services, including but not limited to permitting or facilitating unauthorized access to the Services;
• probing, scanning, penetrating, reverse engineering, or testing the vulnerability of any Deltapath system, software or network(unless authorized in writing by Deltapath) or breaching Deltapath’s security measures, whether directly or indirectly;
• using Deltapath’s Services or equipment to publish, transmit (live or otherwise) or store any content or links to any content that Deltapath determines to be offensive, including but not limited to content that is illegal; immoral; pornographic; excessively violent; deceptive or fraudulent; defamatory; malicious; containing offensive content; violating a person’s privacy; harassing; threatening; creating a risk to personal or public health or safety; promoting or soliciting an illegal activity; promoting discrimination based on race, sex, religion, disability, sexual orientation, age, or any other legally protected category; or any content or links thereto that may result in retaliation or legal action against Deltapath by an offended party;
• using the Services, or a component of the Services, for any unlawful, offensive, harmful, invasive, infringing, defamatory, misleading, or fraudulent purpose;
• using any Service
(a) to design software or other materials or services with similar or competitive functionality for any purpose,
(b) to monitor their performance, availability, or functionality, or (c) for any other benchmarking or competitive purposes, without Deltapath’s prior written consent; or
• using the Services in any manner not authorized by Deltapath, or in any manner that Deltapath reasonably believes to be damaging to its reputation, business, system, network, or Services.
You shall not:
• reproduce, duplicate, copy or re-sell any part of Deltapath’s website without Deltapath’s prior written consent;
• interfere with, damage or disrupt any part of Deltapath’s website; or
• without Deltapath’s prior written consent, access, interfere with, damage or disrupt:
a. any equipment or network (whether owned by Deltapath or any other third party) that is involved in the provision or delivery of Deltapath’s Services or on which Deltapath’s website is stored; or
b. any software used in the provision or delivery of Deltapath’s Services or website. You are solely responsible for complying with all applicable laws regarding the recording and transcription of phone calls, video conferences and any other communications. Deltapath expressly disclaims all liability with respect to Your recording or transcription of phone calls, video conferences and/or any other communications.
Special Terms Applicable to SMS/Enterprise Instant Messaging:
Deltapath’s business texting feature, including Enterprise Instant Messaging, allows users to send and receive SMS (text) messages through the Deltapath Mobile, Deltapath Engage, and Deltapath Switchboard.
Deltapath’s SMS service (including Enterprise Instant Messaging) has been designed and provisioned only for person-to-person messaging (that is, two-way messaging whereby nearly all messages that You send out receive a reply). Deltapath’s SMS and Enterprise Instant Messaging services are not intended to be used for broad-based outbound campaigns.
