Purpose
This Acceptable Use Policy (“AUP” or “Policy”) outlines the guidelines that apply to any party using any products and services (“Services”) provided by Threshold Communications LLC. and its affiliates and subsidiaries (“Threshold”) and any user of any software application or service made available by the Customer that interfaces with the Services (“User”).
This Policy may be modified by Threshold from time to time, upon reasonable notice, which may be provided via Customer’s account, e-mail, or by posting an updated version of this AUP at thresholdcommunications.com. Your continued use of the Services on or after the date the modified version of the Policy is effective, and binding constitutes your acceptance of such updated Policy. If you do not agree to the modified version of the Policy, you must stop using the Services immediately. Threshold encourages Users to review this Policy regularly.
Prohibited Activities
A User’s failure to comply with this Policy constitutes a violation by Customer as determined in Threshold’s sole discretion (“Violation”), with each such failure constituting a separate Violation. A Violation of this Policy may result in suspension or termination of Service and/or termination of the Customer’s service agreement, as described below. Customer shall immediately notify Threshold if they know or have a reasonable suspicion that a User of the Services is using it in Violation of this Policy. Customer shall require, by contract, that all Users comply with this Policy. Prohibited activities include, without limitation, the following:
Illegal or Improper Use
Use of the Services in violation of any law is prohibited. This includes but is not limited to violations of, e.g., the Telephone Consumer Protection Act, slamming, or the like. Any use of the Services for the transmission, distribution, retrieval, or storage of material (“Transmission”) that violates any law or is in furtherance of any criminal enterprise is prohibited, including, without limitation, the following:
(i) Intellectual Property. Unauthorized Transmission of material protected by patent, copyright, trade secret, or another intellectual property right (including, without limitation, the Digital Millennium Copyright Act);
(ii) Inappropriate Content. Any Transmission of material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful, or that constitutes an illegal threat or abuse;
(iii) Export Control. Unauthorized Transmission of any material that may violate export control laws or other regulations;
(iv) Forging of Headers. Misrepresenting or forging message headers to mask the originator of a message;
(v) CAN-SPAM ACT. Failure to comply with all provisions of the CAN-SPAM Act (15 U.S.C 7701, et. seq., and 16 CFR Part 316);
(vi) Use of Threshold-provided Telephone Numbers. Telephone Numbers provided by Threshold may not be used by Customer or any downstream customer for illegal robocalls, spam calls, or messages, or for any call or message intended to harass, defraud, or steal money or information from the receiving caller. Telephone Numbers are regulated and are finite resources; therefore:
- Customers are strictly prohibited from buying, selling, brokering, or otherwise trading Telephone Numbers, including but not limited to providing unique Telephone Numbers at higher-than-normal rates.
- Telephone numbers may only be used as an ancillary part of a voice or messaging service.
- Customers may not advertise, list, or make available any Telephone Numbers from Threshold inventory that are not directly assigned to them.
- Customers are prohibited from using Threshold-provided telephone numbers for disposable, temporary, or one-time use. Numbers must be used for legitimate, ongoing, and consistent communications. Use of Telephone Numbers solely for transient purposes, including but not limited to fraud evasion, or similar activities, is strictly prohibited. In addition, unless a customer has specifically obtained Threshold’s approval for the customer’s use case, use of Telephone Numbers for account verification is also strictly prohibited.
- Customers must comply with applicable federal, state, and industry regulations, including requirements for number aging, reassignment, and active utilization. Customers are responsible for ensuring that assigned numbers are actively used in accordance with rules and may not warehouse, park, or hold numbers idle beyond permitted timeframes.
(vii) Violation of any Industry Guidelines. Customers may not use any services in violation of any applicable industry guidelines or best practices, including, but not limited to, those published by CTIA, ATIS, FCC, or other regulatory bodies.
Account Security and Incident Reporting Obligations
(i) Customer Responsibility for Credentials. The Customer shall be solely responsible for maintaining the security and confidentiality of all account credentials, including, but not limited to, passwords, API keys, and access tokens used to access Threshold’s services (“Credentials”). The Customer is responsible for all activities that occur under their account.
(ii) Notification of Security Incident. In the event of any actual or suspected security breach, compromise, or unauthorized access involving the Customer’s Credentials or account (a “Security Incident”), the Customer shall notify Threshold in writing immediately and without undue delay, and in no case later than twenty-four (24) hours upon discovery of said Security Incident.
(iii) Remediation and Cooperation. Following the discovery of a Security Incident, the Customer is obligated to take all necessary and appropriate remedial actions to mitigate its effects and prevent future occurrences. Such actions include, but are not limited to, the prompt revocation of compromised Credentials, the re-issuance of new, secure Credentials, and the implementation of enhanced security measures. The Customer shall cooperate fully with Threshold in any investigation and remediation of the Security Incident.
Services and Network Security
Threshold makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information transmitted by a User over the Internet. Any attempt to breach the system and network security measures is a Violation and may result in criminal and civil liability. These Violations include, without limitation, the following:
(i) Unauthorized Access. Users may not attempt to gain unauthorized access to or attempt to interfere with the normal functioning and security of Threshold’s network or any other system, computers, accounts, or networks, or purposely breach firewalls or security measures of another company’s or individual’s system (hacking);
(ii) Unauthorized Monitoring. Users may not attempt to monitor any information on any network or system without the network administrator’s authorization.
(iii) Interference. Users may not attempt to intercept, redirect, or otherwise interfere with communications intended for others;
(iv) Fraud/Forgery. Users may not impersonate another party by altering IP addresses or forging TCP-IP packet header information within an e-mail or newsgroup posting.;
(v) “Denial of Service Attacks”. Users may not cause or further a denial-of-service attack or otherwise flood or attempt to overload a system; and
(vi) Virus Transmission. Users may not intentionally or negligently transmit files containing computer viruses, Trojan Horses, worms, corrupted data, or other destructive content.
E-mail and Usenet News
Customer agrees that it shall be responsible for monitoring the use of the Service and that Threshold shall not be obligated to monitor such use. Customer agrees that the following uses are Violations:
(i) Unsolicited E-mail. Customer may not allow the Services to be used to transmit SPAM or collect the responses from excessive volumes of unsolicited commercial e-mail messages. “SPAM” shall mean an unsolicited bulk e-mail sent to a recipient where: (a) the recipient’s personal identity or context is irrelevant because the message is equally applicable to other potential recipients and (b) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent. The use of another provider’s service to send unsolicited commercial or bulk e-mails, SPAM, or mass mailings to promote a site hosted on or associated with the Services is similarly prohibited;
(ii) E-mail Relay. The use of another party’s e-mail server to relay e-mail without express permission from such party is prohibited;
(iii) Usenet. All postings by Users to USENET groups must comply with that group’s charter and other applicable guidelines and Policy. Cross-posting and continuous posting of off-topic messages, including commercial messages, is prohibited.
(iv) Bulk E-mail. Customer shall not allow the Service to be used to send bulk e-mails unless the recipient of such e-mail has verifiably confirmed permission for the address to be included on the specific mailing list, by confirming (responding to) the list subscription request verification (“Closed-Loop Opt-In”); and
(v) Blacklisted IP-Address. Customer may not allow an IP address registered to Threshold and used by Customer to be blacklisted, banned, or blocked by a third party that monitors improper or illegal Internet use.
Complaints
If Threshold receives any complaints from third parties with respect to a User’s use of the Services (“Complaints”), Customer shall, within twenty-four (24) hours, respond to such Complaints to the reasonable satisfaction of Threshold, and any failure to so respond shall be deemed a Violation authorizing Threshold to take any of the actions described in Section 3. In addition, in the event Threshold receives more than five (5) Complaints in a one-month period or more than ten (10) Complaints in any ninety-day period, it shall be deemed a Violation authorizing Threshold to take any of the actions described below in the “Warning/Suspension/Termination” section.
In the event that Threshold has a good faith suspicion that Customer is in violation of the sections above, Customer shall, within twenty-four hours of a request by Threshold, provide to Threshold a copy of any Transmission or e-mail that caused such suspicion or generated a Complaint as well as the underlying consent by the recipient to receive such Transmission or e-mail, provided that, Customer shall take appropriate action to protect the privacy of the recipient.
Warning/Suspension/Termination
In the event of a Violation, Threshold may, in its sole and absolute discretion, take any or all of the following actions:
(i) Warning. Threshold may issue a verbal, e-mail, or written warning to the Customer notifying the Customer of the Violation and the corrective action required. A warning may also provide that Threshold will suspend or terminate all or part of a customer’s service in the event of any additional Violation.
(ii) Suspension. Threshold may suspend, with or without warning, all or part of a Customer’s Service and may condition restoration of such Service upon the Customer taking corrective action; and
(iii) Termination. Threshold may, with or without warning, and with or without prior suspension, terminate all or part of Customer’s service and may terminate Customer’s Agreement. The foregoing is not an exhaustive list of actions Threshold may take in the event of a Violation and suspension, or termination of Customer’s Service is not an exclusive remedy and shall not affect any other rights Threshold may have under the Agreement. Threshold shall have no liability to Customer or Users in the event the Customer’s Agreement is terminated and/or a User’s service is suspended or terminated in accordance with this Policy.
Miscellaneous
Failure of Threshold to enforce this Policy or take any action with respect to a Violation shall not constitute a waiver of its right to enforce any other Violation. Threshold takes no responsibility for any material created or accessed via the Services and does not monitor, verify, warrant, or validate the integrity, accuracy, and quality of information it receives or transmits, but reserves the right to do so in the event it has a good faith suspicion that a User may have violated this Policy. Threshold will cooperate with appropriate law enforcement and government agencies, as well as other parties involved, in investigating claims of illegal or inappropriate activity. Threshold’s failure to act on this policy shall not be deemed a waiver of this right. Threshold’s exercise of its rights under this Policy shall not create a cause of action in any User. Threshold reserves the right to modify this Policy at any time by communicating such modified Policy to Customer or by posting it on Threshold Communications’ website, effective upon posting.