Fair Use Policy

This Fair Use Policy (“FUP”) applies to Customer’s use of the Services offered by Vibconnect Inc. or any of its Affiliates.

Prohibited Uses

Customer agrees not to use, and, not to encourage or allow any End User to use, the Services in the following prohibited ways:

1. Using the Services in a manner that is or otherwise encourages (a) any illegal, fraudulent, or abusive activities or (b) materially interfering with the business or activities of Vibconnect or harms other Vibconnect customers.
2. Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a material security or service risk to Vibconnect or any of its other customers.
3. Reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
4. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Services.
5. Transmitting any material, data, or content that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
6. Violating or facilitating the violation of any applicable laws or regulations of any applicable jurisdiction, including, without limitation, (a) applicable laws or regulations related to the transmission of data and recording or monitoring of phone calls and other forms of communication; (b) applicable laws or regulations that prohibit engaging in any unsolicited advertising, marketing, or transmission of communications; (c) applicable anti-spam laws or regulations; or (d) applicable data protection or privacy laws, regulations, or legislation.
7. Using the Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, email, or faxes.
8. Using the Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
9. Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless Customer has signed a Business Associate Agreement with Vibconnect or Customer’s use of the Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
10. Using the Vibconnect Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law.
11. Using the Services in a manner that generates inquiries from a law enforcement, government, or regulatory agency or triggers such an agency to request the suspension of the Services to Customer and/or Customer’s phone numbers.
12. Using the Services to transmit any material, data, or content that infringes the intellectual property rights or other rights of third parties.
13. Using the Services to transmit any material or content that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material or content that Vibconnect reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
14. 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, email, or phone call.
15. Using the Vibconnect Services in any manner that causes a telecommunications provider to complain about such use to Vibconnect or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements as communicated in writing by Vibconnect to Customer.
16. Using the Vibconnect Services in a manner that violates the Vibconnect Messaging Policy available at https://www.Vibconnect.com/legal/messaging-policy.
17. Using the Vibconnect Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity, including cannabis-related terms or images.
18. Using or attempting to use the Vibconnect Services to contact or allow End Users to contact Emergency Services, unless certain Vibconnect Services are expressly approved for Emergency Services and Customer strictly uses those Vibconnect Services in accordance with the Emergency Services Addendum available at https://www.Vibconnect.com/legal/tos. The Vibconnect Services that are expressly approved for Emergency Services are also identified at https://www.Vibconnect.com/legal/tos.
19. Having, in a given month, (a) a high volume of unanswered outbound phone calls, (b) a low average outbound call duration (i.e., outbound phone calls, on average, that are generally less than twelve (12) seconds in length), or (c) outbound phone calls that are too short in duration (i.e., outbound phone calls generally less than twelve (12) seconds in length). Vibconnect will cooperate In traceback investigations by identifying the upstream provider from which the suspected illegal robocall entered Vibconnect’s network or by identifying its own customer if the call originated in Vibconnect’s network.

Updates to this FUP

1. Notice

   Vibconnect may update the FUP from time to time by providing the Customer with prior written notice of material updates at least thirty (30) days in advance of the effective date. Notice will be given in Customer’s account portal or via an email to the email address owner of Customer’s account. This notice will highlight the intended updates. Except as otherwise specified by Vibconnect, updates will be effective upon the date indicated at the top of this FUP. The updated version of the FUP will supersede all prior versions.

2. Acceptance

   Following such notice, Customer’s continued access or use of the Services on or after the effective date of the changes to the FUP constitutes Customer’s acceptance of any updates. If the Customer does not agree to any updates, the Customer should stop using the Services.

3. Exceptions

   Vibconnect may not be able to provide at least thirty (30) days prior written notice of updates to this FUP that result from changes required by law or requirements from telecommunications providers.