T38Fax Acceptable Use Policy

PLEASE REVIEW THIS ACCEPTABLE USE POLICY CAREFULLY

The terms of this Acceptable Use Policy (“AUP”) are applicable to Customer’s use of the services provided by T38Fax Incorporated (“T38Fax,” “us,” “our,” “we”), and is a material part of the Customer’s (“Customer,” “you,” “your”) agreement or service order with T38Fax and/or our Terms of Service, as applicable (the “Agreement”). This AUP is further applicable to all users of our website, products and services (collectively, “Services”).

This AUP describes actions that T38Fax prohibits when any party uses its Services. This AUP is incorporated by reference and governed by the Agreement applicable to Customer’s use of the Services. Customer may not use the Services without agreeing to this AUP. Customer’s use of any Services shall be deemed to be Customer’s acceptance of this AUP. Capitalized terms not otherwise defined herein will have the meanings attributed to them in your Agreement or the Terms of Service.

1. Customer shall use the Service only as permitted in Customer’s Agreement with T38Fax and in accordance with applicable laws and regulations, including but not limited to laws regarding the export of data or software.

2. Customer shall use the Service only for its legitimate internal business or personal use. Customer shall not resell, lease, or market any Service to third parties.

3. Customer’s use of the Service may be subject to certain restrictions and limits, including without limitation as to number of users per subscription and storage, which if applicable will be communicated by T38Fax.

4. Customer may not transfer its Service to any other company or entity.

5. Prohibited Uses. Customer agrees not to:

   • Use the Service in a manner that is actually or potentially libelous, threatening, harmful, harassing, indecent, obscene, in violation of the intellectual property rights of any party, or is otherwise unlawful under any applicable law or regulation.
   • Engage in any activity that interferes with or disrupts the Service or associated servers, networks, or software; prevents or restricts other customers from using the Service; or damages any T38Fax or third party property.
   • Reproduce, duplicate, copy, sell, trade, or resell the Service provided under Customer’s account(s).
   • Use the Service for autodialing or predictive dialing; continuous or extensive call forwarding; constant dialing; iterative dialing; fax broadcast; fax blasting; junk faxing; fax spamming; transmitting broadcasts or recorded material; sending unsolicited messages or advertisements; telemarketing; or sending bulk and/or junk email, voicemail, or faxes.
   • Take any action to attempt to mislead others as to the identity of the sender or the origin of any communication, or any other activity outside the scope of reasonable internal business usage.
   • Re-classify or re-originate traffic or take any other action to intentionally make traffic appear as if it: (i) is anything other than the type of traffic delivered to such receiving party or (ii) originated from a place or on a type of equipment different from the place or type of equipment from where it, in fact, originated.
   • Modify, alter, or delete in any manner sending party number information, originating point codes, or any other signaling information in connection with the transport and termination of traffic to the recipient.
   • Access or attempt to access the Service by any means other than the software, hardware or interface provided by T38Fax.
   • Use any trademark, service mark, trade name, or logo of any company or organization in conjunction with the Service in a manner that is likely or intended to cause confusion about the owner or authorized user of such mark, name, or logo.

6. Remedies for Prohibited Use. T38Fax may take any lawful action it deems appropriate with respect to prohibited use of the Service or other use of the Service that it deems to be inappropriate, in violation of this AUP, or potentially disruptive to the Service or the networks used to provide the Service, T38Fax’s rights and interests, or the rights of other customers. T38Fax’s remedies include but are not limited to: issuing warnings; terminating Customer’s Service, subscription, accounts, or users; disabling access to or suspending the Service, subscription, or accounts; or increasing the monthly rates charged Customer for the period of Customer’s prohibited use and the remainder of the Agreement’s term. T38Fax may take such action without notice or liability to Customer or any other party, although T38Fax shall have no obligation to take any such action.

7. Modification. T38Fax may modify or amend this AUP at any time and from time to time by posting a modified or amended version of this AUP on its website. Customer’s continued use of the Service after such posting shall constitute Customer’s acceptance of the modified or amended AUP.