PhoneFactor Acceptable Use Policy

Introduction

This acceptable use policy (the “Policy”) defines acceptable practices relating to the use of PhoneFactor’s services (the “Service”) by customers of PhoneFactor (”Customers”) and by users that have gained access to the Service through Customer accounts (”Users”). As used in this Policy, “You” and “Your” is intended to encompass, as applicable, both Customers and Users. “PhoneFactor” means Positive Networks, Inc., dba PhoneFactor, and all of its affiliates (including direct and indirect subsidiaries and parents).

The Service uses the Internet and the Public Switched Telephone Networks and cellular telephone networks (together the “PSTN”).  The purpose of the Policy is to help ensure that usage of the Service does not facilitate unlawful activities, does not harm or harass other Users, does not harm or harass other  Internet or PSTN users and does not impair or harm the Service itself.

The Policy applies to all aspects of the Service without limitation, including PhoneFactor’s services, software, data centers, web sites, management and administration tools, networks facilities (whether owned or leased), telephone calling systems, email systems, text messaging systems and tracking and reporting systems.

Prohibited Activities

The Service may not be used for any of the following activities:

Illegal Activity
You may not use the Service in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. 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.

Unauthorized Access/Interference
You 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 Service. You may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service, the Internet or the PSTN. You may not use the Service to monitor any data, information or communications on any network or system without authorization. You may not attempt to gain unauthorized access to the user accounts or passwords of other Users.

Unsolicited Telephone Calling, Texting and Messaging
You may not use the Service to initiate telephone calls, texts, emails or other messages (”Messages”) to recipients who are not legitimate Users of the Service, or to anyone for whom such communications would be unsolicited or unwanted.

Spoofing/Fraud/Impersonation
You may not intentionally or negligently inject false data into the Service which may mislead Users about the source of any Message, including without limitation falsification of ANI, CallerID, and voice message authorship. You may not fraudulently conceal, forge or otherwise falsify a User’s identity in connection with use of the Service.

Message Content
You may not use the Service to deliver any Message that threatens or harasses another.  You may not use the Service to deliver any Message that is illegal, obscene, indecent, libelous, or fraudulent.

Telephone Number and Email Address Harvesting
You may not use the Service in any way to improperly obtain email addresses or telephone numbers of Users, or improperly obtain any private information concerning any User

Advertising
You may not use the Service to deliver any advertising or sales solicitation without the prior approval of PhoneFactor.

Falsification of Usage
You may not attempt to falsify any information relating to Your usage of the Service, including the number of Users and the number of Authentication attempts made by the Service in connection with You.  You will not attempt to interfere with any reporting system of the Service relating to the monitoring of Your usage.

General
You may not attempt any activity that disrupts, degrades, harms or threatens to harm PhoneFactor, or the Service.  This listing of prohibited activities is not exhaustive and PhoneFactor reserves the right to determine that any conduct that is or could be harmful to the Service, PhoneFactor’s Customers or Users, or PSTN or Internet users, is in violation of this Policy and to exercise any or all of the remedies contained in this Policy.

Rights of PhoneFactor, Response to Violations

Suspension or Termination of Service
If You engage in prohibited activities PhoneFactor reserves the right to suspend or terminate the Service. At PhoneFactor’s sole discretion PhoneFactor may suspend or terminate usage of the Service for the particular Users’ who are responsible for the  prohibited activity, or if necessary PhoneFactor may terminate the Service for the entire Customer, if there is a pattern of prohibited activities associated with the Customer, or if a material number of the Customer’s users are committing prohibited activities. Generally PhoneFactor will attempt to notify You of any activity in violation of the Policy and request that the offending Users cease such activity; however, in cases of denial of service attacks, illegal activities, suspected fraud, harassment or copyright infringement, or if the operation of the Service is threatened, we reserve the right to suspend or terminate Your Service or the User’s access to the Service without notification.

Removal of Content

While it is not our intent to control or monitor Your experience in using the Service, PhoneFactor may remove or delete Messages, or Message content, which we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful or offensive.

Cooperation with Investigations
PhoneFactor will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. PhoneFactor reserves the right to disclose customer information to the extent authorized by federal or state law. In those instances involving child pornography, PhoneFactor 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.

Modifications to Policy

PhoneFactor reserves the right to modify this Policy at any time without notice. We will attempt to notify Customers of any such modifications by posting a revised version of the Policy on our Web site. Any such modifications shall be effective and applied prospectively from the date of posting.

Filters and Service Information
PhoneFactor reserves the right to install and use any appropriate devices or systems to prevent violations of this Policy.  By accepting and using the Service, you consent to allowing us to collect service information in the normal course of our business, and to use such information for general business purposes.

Safe Harbor

PhoneFactor reserves the right to avail itself of the safe harbor provisions of the Digital Millennium Copyright Act. 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.

Complaints
PhoneFactor may receive complaints directly from Internet users, PSTN users, or through Internet organizations or through other parties. PhoneFactor shall not be required to determine the validity of complaints received before taking action under this AUP.  A complaint from the recipient of a Message shall be evidence that the Message was unsolicited. PhoneFactor has no obligation to forward the complaint to the User or to identify the complaining parties.

Your Responsibilities
You are responsible for violations of this Policy by any User that accesses the Services through Your account.  You are responsible for taking prompt corrective action to remedy a violation of the Policy, and to help PhoneFactor prevent future violations. You agree immediately to notify PhoneFactor of any unauthorized use of your account or any other breach of security known to you. If you become aware of any violation, or threat of any violation, of this Policy by any person, including Users that have accessed the Service through your account, you are required to notify us. Please include all applicable information that will assist PhoneFactor in investigating the complaint. For real-time violations requiring immediate attention please call our Customer Care Center (877-668-6536) as soon as possible.  If you are unsure whether any specific activity is prohibited, please submit questions to info@phonefactor.net.

Additional Terms and Conditions
The use of the Service by You is subject to the terms and conditions of any agreements entered into by You and this Policy is incorporated into such agreements by reference.

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