{"id":169,"date":"2024-07-03T18:28:24","date_gmt":"2024-07-03T23:28:24","guid":{"rendered":"https:\/\/smartcom.kmclient.com\/legal\/acceptable-use-policy\/"},"modified":"2024-12-11T15:34:52","modified_gmt":"2024-12-11T20:34:52","slug":"acceptable-use-policy","status":"publish","type":"legal","link":"https:\/\/smartcomtelephone.com\/legal\/acceptable-use-policy\/","title":{"rendered":"Acceptable Use Policy"},"content":{"rendered":"\n

Smartcom Telephone, LLC<\/strong><\/p>\n\n\n\n

Acceptable Use Policy<\/strong><\/p>\n\n\n\n

Introduction<\/strong><\/p>\n\n\n\n

This acceptable use policy (the \u201cPolicy\u201d) defines acceptable practices for the use of services (the \u201cService\u201d) from Smartcom Telephone, LLC. and\/or their affiliates (including direct and indirect subsidiaries and parents) (collectively, \u201cSmartcom\u201d). By using the Service, you acknowledge that you and users that have gained access to the Service through your account (collectively, \u201cUsers\u201d) are responsible for compliance with the Policy. You are responsible for violations of this Policy by any User that accesses the Services through your account. While it is not our intent to control or monitor online experience or the content of online communications, we may, in our sole discretion, edit or remove content that we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful or offensive. The Policy applies to all aspects of the Service. The \u201cSmartcom Network\u201d includes, without limitation, Smartcom\u2019s constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such transmission network.<\/p>\n\n\n\n

This Policy is designed to assist in protecting the Smartcom Network, the Service, our Users and the Internet community as a whole from improper and\/or illegal activity over the Internet. In situations where data communications are carried across networks of other Internet Service Providers (\u201cISPs\u201d), Users of the Smartcom Network must also conform to the applicable acceptable use policies of such other ISPs.<\/p>\n\n\n\n

Rights of Smartcom Telephone, LLC<\/strong><\/p>\n\n\n\n

Suspension or Termination of Service\/Other Rights and Remedies<\/strong><\/p>\n\n\n\n

If Users engage in conduct while using the Service that violates the Policy, or is otherwise illegal or improper, Smartcom reserves the right to suspend and\/or terminate the Service or the User\u2019s access to the Service. Smartcom will generally attempt to notify you of any activity in violation of the Policy and request that the User cease such activity; however, in cases where the operation of the Smartcom Network is threatened or cases involving unsolicited commercial email\/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of Service, harassment, copyright or other intellectual property infringement or other actions or activities we deem in our sole discretion to threaten liability or harm to Smartcom, the Smartcom Network, or any of our suppliers or other users of our services, we reserve the right, in our sole discretion, to suspend or terminate your Service or the User\u2019s access to the Service without notification. In addition, nothing herein shall be construed to limit our actions, rights, or remedies with respect to any such activities, and we may take any other appropriate action against a User for violations of the Policy. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring using the Service and will have no liability to any party, including you, for any violation of the Policy.<\/p>\n\n\n\n

Smartcom considers each of the practices listed above and under \u201cProhibited Uses\u201d herein to constitute abuse of the Service in violation of this Policy.  In addition to suspension or termination of the Service or any other right reserved by Smartcom herein, with respect to any violation of this Policy, Smartcom may, in its sole discretion, charge, and you will pay, an administrative fee equal to the greater of: (1) $100 per complaint or notice received; (2) $100 per violation of the Policy; or (3) any amount (whether unit-based or in aggregate) set by applicable law for which User and\/or Smartcom may be liable to pay based upon the complaint or notice in question.  In addition to any obligations that may apply under a particular service agreement, you agree to indemnify, defend, and hold Smartcom and its officers, directors, owners, agents, representatives, licensors, and suppliers harmless from and against any and all liabilities, costs, damages, expenses (including attorneys\u2019 fees), causes of action, suits, allegations, or other claims (collectively, \u201cClaims\u201d) resulting from your or your Users\u2019 violation of this Policy.  You will cooperate as reasonably required in Smartcom\u2019s defense of any Claim.  We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the express written consent of Smartcom.<\/p>\n\n\n\n

Cooperation with Investigations<\/strong><\/p>\n\n\n\n

Smartcom will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Smartcom reserves the right to disclose customer information to the extent authorized by federal or state law, to protect and defend its rights and property, to enforce the terms and conditions applicable to the Service, or to act to protect the interests of other users and network providers. In those instances involving child pornography, Smartcom complies with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.<\/p>\n\n\n\n

Modifications to Policy<\/strong><\/p>\n\n\n\n

Smartcom reserves the right to modify this Policy at any time without notice. We will attempt to notify our customer of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site. It is your responsibility to check the Web site periodically for updates to this Policy, and you are responsible for compliance with any and all posted guidelines or codes relating to use of the Service.<\/p>\n\n\n\n

Filters<\/strong><\/p>\n\n\n\n

We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this Policy, including devices designed to filter or terminate access to the Service.  Users are hereby notified that parental control protections are available that may assist Users in limiting access to material that is harmful to minors.  Information identifying current providers of such protections can be made available upon request.<\/p>\n\n\n\n

Prohibited Uses<\/strong><\/p>\n\n\n\n

Illegal Activity<\/strong><\/p>\n\n\n\n

You and your Users are responsible for abiding by all applicable local, state, national, and international laws and regulations in relation to use of the Service.  The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation and the Services shall in all cases be used in compliance with applicable law. Use of the Service for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.<\/p>\n\n\n\n

Unauthorized Access\/Interference<\/strong><\/p>\n\n\n\n

A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the Smartcom Network or other networks accessible through the Service. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the User accounts, passwords, or private communications of other Users.<\/p>\n\n\n\n

Unsolicited Commercial Email\/Spamming\/Mail bombing<\/strong><\/p>\n\n\n\n

A User may not use the Service to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient is prohibited. In addition, \u201cspamming\u201d or \u201cmail bombing\u201d is prohibited. Use of the service of another provider to send unsolicited commercial email, spam or mail bombs, to promote and\/or connect to a site hosted on or connected to the Smartcom Network, is similarly prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited e-mail messages.  The Service shall also not be used for other kinds of deceptive or fraudulent marketing offers or communications, including without limitation any \u201cchain letters\u201d or \u201cpyramid schemes.\u201d<\/p>\n\n\n\n

Spoofing\/Fraud<\/strong><\/p>\n\n\n\n

Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance, in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User\u2019s identity in connection with use of the Service is prohibited.<\/p>\n\n\n\n

USENET Postings<\/strong><\/p>\n\n\n\n

All postings to USENET groups must comply with that group\u2019s charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group\u2019s charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited) is prohibited. Disrupting newsgroups with materials, postings or activities that are (as determined by Smartcom in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup\u2019s name, FAQ or charter.<\/p>\n\n\n\n

Other Activities or Examples<\/strong><\/p>\n\n\n\n

The following activities are also prohibited:<\/p>\n\n\n\n