This Acceptable Use Policy (“AUP”) defines acceptable use and actions that Tropo prohibits when You use its website and/or services (the “Services”). You acknowledge and agree that this policy may be revised from time to time by Tropo at its sole discretion, with any such modifications effective when the revised Acceptable Use Policy is posted here. It is Your responsibility to review this Acceptable Use Policy frequently and remain informed about any changes to it, so we encourage You to visit this page often. This Acceptable Use Policy is governed by our Terms of Service, and all undefined terms herein shall be as defined in the Terms of Service. This list is provided by way of example and shall not be considered exhaustive. Any use not covered here is not to be assumed to be acceptable.
- You may not sell, resell, distribute, transfer, or convey the Services.
- You may not use the services for life-support applications or other critical applications where the failure or the potential failure of the services can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support systems, and delays in getting medical care or other emergency services.
- You may not offer any Emergency Services to users. “Emergency Services” shall mean services that allow a user to connect with emergency services personnel or public safety answering points, such as 911 services, E911 services, and similar services employing emergency telephone numbers to communicate with or dispatch emergency services personnel.
- You may not deploy applications or services that contain endless loops.
- Any application or session should contain an explicit termination event.
- No application will be launched on the Tropo production network until the pre-paid funds have been received and credited to Your account.
- Actions that restrict or inhibit any person, whether a customer of Tropo or otherwise, in its use of products and services that use Tropo resources is prohibited.
- You may not reverse engineer any product or service provided by Tropo.
- Exploitation of known bugs or limitations in any of the services deployed on Your behalf to circumvent billing or impact the system in a way that violates any other requirements listed in the AUP is prohibited.
- Use of undocumented features and methods is strictly at Your own risk. Any claims, support issues or AUP violations resulting from such use will be at Your expense.
- Executing any program or process that will intercept data not intended for Your application or service is prohibited.
- Introduction of malicious programs into the network or systems (e.g., viruses and worms) is prohibited.
- Effecting security breaches or disruptions of the Services is prohibited. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or accessing a server or account that You are not expressly authorized to access. For purposes of this bullet point, “disruption” includes, but is not limited to, war dialing, flood pings, packet spoofing, and forged telephony information.
- Circumventing user authentication or security of any host, network or account is prohibited.
- Interfering with or denying service to any user, system or service is prohibited.
- Using any program/script/command, or sending messages of any kind, designed to interfere with a user’s session, service or application is prohibited.
- Furnishing false or incorrect data on the Tropo required documentation, including account setup or other applicable agreements and Tropo documents, is prohibited.
- Attempting to circumvent or alter the processes or systems that measure time, bandwidth utilization, or other methods for calculating Your use of Tropo’s products and services is prohibited.
- You may not send unsolicited messages, including mass calling “War Dialing”, or the distribution through Tropo’s systems of other advertising material to individuals who did not specifically request such material.
- Any activities that violate anti-spamming laws and regulations including, without limitation, the CAN SPAM Act of 2003 and the Do-Not-Call Implementation Act, are prohibited.
- Harassment, whether through language, frequency or size of messages is prohibited.
- Unauthorized use, or forging, of identity information is prohibited.
- Using Tropo or Your account to collect replies to messages sent from another provider that violate this Tropo AUP, the Tropo terms of service, or the terms of service, acceptable use policy or other terms or applicable agreements of the other provider is prohibited.
- You may not use any of the Tropo Properties other than as expressly permitted in the Terms of Service.
- Using Tropo to collect, store, receive, transmit or disseminate any material that may infringe or violate the intellectual property rights or any other right of any third party, including but not limited to rights to trademark, copyright, publicity, confidentiality, and privacy.
- Using Tropo in a manner that, as determined by Tropo (in Tropo’s sole discretion), creates an unreasonable risk that third-party rights will be infringed or violated.
- Using Tropo to collect, store, receive, transmit or disseminate protected health information.
- You may not use the Services to promote or engage in illegal activities.
- You may not engage in activities or transmit through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or any other reason prohibited by law.
- You may not violate or facilitate the violation of any U.S. or foreign law regarding the transmission of technical data or software.
- You may not interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks.
- You may not engage in any activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephony network.
- You may not deploy applications intended to replace or that have the effect of replacing primary phone or interconnected text messagingservice (as that term is defined in 47 C.F.R. § 20.18(n)), such as a traditional landline or mobile phone that may be used to contact emergency services.
Violation of this AUP may result in the immediate suspension or termination of Your account, civil and/or criminal liability, and Tropo may, in addition to any remedy that it may have at law or in equity, terminate permission for You to use the Services. In such event, You are still liable for any and all outstanding charges accumulated through Your use of the Services, including uses in violation of this AUP or the laws of any jurisdiction. In addition, Tropo may investigate incidents that are contrary to this AUP and provide requested information to third parties who have provided notice to Tropo stating that they have been harmed by Your failure to abide by this AUP. Tropo’s failure or decision not to enforce this policy in each and every instance in which it might have application does not amount to a waiver of Tropo’s rights hereunder.
In addition to the above policies and acceptable use practices, the following terms shall apply to Your use of texting capabilities on the Tropo network:
In order to access the texting capabilities, You must:
- maintain the security of and prevent unauthorized access to the texting capabilities;
- give all end users and any third parties to whom messages may be transmitted using the texting capabilities the rights to opt-in and opt-out of receiving text messages with the following action words: STOP, END, CANCEL, UNSUBSCRIBE, QUIT, STOP ALL, START and START ALL;
- cooperate with Tropo, third-party service providers, and governmental authorities in investigations of any alleged or perceived violation of any law, rule, regulation, or this AUP;
- You acknowledge that (i) end-users who use the texting capabilities are also the end user customers of the carriers whose services are used by Tropo to transmit messages over the carrier networks; and (ii) carriers’ assert that information of or about carriers’ end user customers (who may also be Your end-users) derived solely by such end user customers’ use of the carriers’ networks is confidential information of the carriers and the private information of such end user customers of the carriers is subject to the confidentiality provisions under this Agreement;
- comply with the Common Short Code Administration’s Best Practices, which can be found at http://www.usshortcodes.com/csc_best_practices.html
Restrictions on Use.
You agree to ensure that the Services will not be used in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” privacy, and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, You agree not to permit the Services to be used to collect, store, receive, transmit or disseminate any:
- protected health information;
- other potentially protected information, including personally identifiable information and personally identifiable financial information defined as “nonpublic personal information” under the Gramm-Leach-Bliley Act, without using commercially reasonable efforts to safeguard such information and ensuring that such information is protected to the full extent required by law;
- junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom You or Your end-users do not otherwise have a legal right to send such material;
- material that may infringe or violate the intellectual property rights or any other right of any third party, including but not limited to rights to trademark, copyright, publicity, privacy, and confidentiality, and the rights of any wireless service provider or any of its customers or subscribers;
- material that, as determined by Tropo (in Tropo’s sole discretion), creates an unreasonable risk that any third-party right will be infringed or violated;
- material or data, that is illegal, or material or data, as determined by Tropo (in Tropo’s sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Tropo or any third-party service provider involved in the provision of the Services;
- material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier;
- viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
- material or information that is false, misleading, or inaccurate;
- material that could expose Tropo, any third-party service provider involved in providing the Services, or any other third party to liability; and/or
- any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Tropo or any third party.
You shall not access any Services that You have not ordered or for which You have not paid the applicable fees. You will not use or attempt to use a third party’s account with Tropo, or interfere with the security of, or otherwise abuse, the Services or other Tropo customers. You shall not interfere in any manner with Tropo’s provision of the Services.