This Acceptable Use Policy (“AUP”)

This Acceptable Use Policy (“AUP”) identifies restrictions on the use by Service Provider and its End-Users of the Services provided by IPitomy, and the software used by IPitomy to delivery such Services, and is incorporated by reference in the Master Services Agreement between IPitomy and Service Provider. Your access to the Services, and that of your End-Users, may be suspended or terminated for violation of this AUP. Capitalized terms used in this AUP shall have the meaning given in your Master Services Agreement.

Inquiries regarding this policy should be directed to this link. Fill out the form with specific request information..

Abuse

You and your End-Users may not use IPitomy’s network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to:

• Any purpose prohibited by applicable federal, state or local law, rule or regulation;
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
• Using the services in excess of the average IPitomy user with similar service subscriptions.  IPitomy will use our discretion in cancelling subscriptions or recommending additional subscriptions to be purchased.
• Using the Services without prior approval for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting;
• Use of the Services in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior;
• Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
• Interference with service to any user of the IPitomy or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization;
• Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
• Collecting or using information without the consent of the owner of the information;
• Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
• Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
• Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
• Any conduct that is likely to result in retaliation against the IPitomy network or website, or IPitomy’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

Unsolicited Communications

You and/or your End-Users may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.

Newsgroup, Chat Forums, Other Networks

You and/or your End-Users must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

You and/or your End-Users must comply with the rules of any other network you or your End-Users access or participate in using IPitomy’s Services.

Offensive Content

You and/or your End-Users may not publish, transmit or store on or via IPitomy’s network and equipment any content or links to any content that IPitomy reasonably believes:

• Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• infringes on another person’s copyright, trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to IPitomy; or
• is otherwise malicious, fraudulent, or may result in retaliation against IPitomy by offended viewers or recipients, or is intended to harass or threaten.

Content “published or transmitted” via IPitomy’s network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.

Live Events

You and/or your End-Users may not use IPitomy’s Services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. IPitomy may prohibit the streaming of other live events where there is a special risk, in IPitomy’s reasonable discretion, that the event may violate the Offensive Content section above.

Copyrighted Material

You may not use IPitomy’s network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
• you are otherwise permitted by established copyright law to copy the work in that manner.

It is IPitomy’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

Shared Systems

You and/or your End-Users may not use any shared system provided by IPitomy in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of IPitomy voice services if it has a negative impact on the voice system, or we may require you to repair coding abnormalities in your code if it unnecessarily conflicts with other customers’ use of the services. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

Use of Services Outside the United States

Although we encourage you and your End-Users to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you or your End-Users use the Service outside of the United States or Canada, you and/or such End-Users will be solely responsible for any violations of local laws and regulations resulting from such use.

Other

You may only use IP addresses assigned to you by IPitomy in connection with your IPitomy Services.

You agree that if the IPitomy IP numbers assigned to your account or those of your End-Users are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and IPitomy may take reasonable action to protect its IP numbers, including suspension and/or termination of your Service or that of your End-Users, regardless of whether the IP numbers were listed as a result of your actions or those of your End-Users.

SLA

No credit will be available under a IPitomy service level guaranty or agreement, if applicable, for interruptions of service resulting from AUP violations.